CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jcm)
2023-11-21
1
No Actions
case assigned
2023-11-21
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No Actions
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1). (jcm)
2023-11-21
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clerk's notice
2023-11-21
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No Actions
SEALED MOTION by Plaintiff JM for Temporary Restraining Order (Attachments: # 1 Brief in Support of Motion, # 2 Declaration of James E. Judge, # 3 Plaintiff Declaration, # 4 Ex.1, # 5 Ex.2 Pt.1, # 6 Ex.2 Pt.2, # 7 Ex.2 Pt.3)(Judge, James) (Entered: 11/22/2023)
NOTICE of Motion by James Edward Judge for presentment of motion for leave to file 4, motion for leave to file excess pages 6, Sealed motion, 7 before Honorable John Robert Blakey on 11/29/2023 at 11:00 AM. (Judge, James) (Entered: 11/22/2023)
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motions for leave to seal 4 and to file excess pages 6 . The Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action claiming patent infringement, among other claims. Although Plaintiff has sued 141 Defendants in this single action, Plaintiff alleges that Defendants "are an interrelated group of infringers and counterfeiters who create numerous Defendant Internet Stores and design these stores to appear to be selling genuine SPILLNOT Products, while they actually sell inferior imitations of Plaintiff's SPILLNOT Products. Defendants also knowingly and willfully manufacture, import, distribute, offer for sale, and sell infringing products. The Defendant Internet Stores share unique identifiers, such as common design elements, the same or similar counterfeit products that they offer for sale, similar counterfeit product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, and identically or similarly priced counterfeit products and volume sale discounts. As such, the Defendant Internet Stores establish a logical relationship between them and suggest that Defendants' illegal operations arise out of the same transaction or occurrence." 5 at 18. Plaintiff also alleges that the" infringing products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the infringing products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. 24. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court also grants Plaintiff's motion for entry of a Temporary Restraining Order 7 and strikes the 11/29/23 Notice of Motion date. Enter Sealed TRO. Mailed notice (gel, ) (Entered: 11/28/2023)
NOTICE of Motion by James Edward Judge for presentment of motion for temporary restraining order 15 before Honorable John Robert Blakey on 12/13/2023 at 11:00 AM. (Judge, James) (Entered: 12/04/2023)
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 15 to extend the temporary restraining order entered 11/28/23 11 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/26/23. The 12/13/23 Notice of Motion date is stricken. Mailed notice (gel, ) (Entered: 12/07/2023)
NOTICE of Motion by James Edward Judge for presentment of before Honorable John Robert Blakey on 12/20/2023 at 11:00 AM. (Judge, James) (Entered: 12/15/2023)
MOTION by Plaintiff JM to amend/correct sealed document 5 Motion to Amend Schedule A (Attachments: # 1 Amended Schedule A)(Judge, James) (Entered: 12/15/2023)
MOTION by Plaintiff JM for preliminary injunction as to Certain Defendants (Attachments: # 1 Schedule A, # 2 Memorandum In Support of Motion, # 3 Declaration of James Judge)(Judge, James) (Entered: 12/15/2023)
NEW PARTIES: Good Day Co.Itd, KEINXS Co., Ltd, Edvintorg, Cglfd, SGCYLOWQ INC, Rdeuod, WUXICHEN, Mari Boom Electronics, yuheshengfangdianzishangwu, Binafsi, Krqap, Tfalo, Yayiaclooher, Tedamir, Danieerclosy, Chengdu Tongzhangwen Technology Co., LTD, Shenzhen Yingfan trading Co., LTD and Wanzhou district of Chongqing Xinshiyi Technology Co., LTD added to case caption. (Judge, James)
2023-12-18
1
No Actions
NEW PARTIES: Chong, Housester, Xiadi, Henpk, Fpqtro, Fpqtro, Autumn, MASkyfall, Sallyzt Co.ltd, WQQZJJ, Li HB Store, Kehuo, Cloud, G-CHEN and Vntub added to case caption. (Judge, James)
2023-12-18
1
No Actions
NEW PARTIES: Gzztg, Lingdang, yuanpingxiaofengshangmao and Trylyc added to case caption. (Judge, James)
2023-12-18
1
No Actions
NEW PARTIES: BLUUXIN, Thsue, loopsun, XFLWAM, Sulgyt, Junjingyi Trading Co., Ltd., GUANG ZHOU HE YANG SHI PIN YOU XIAN GONG SI, Gulan Co.Ltd, TXFQZL, Lingouzi, Yrtoes, HAIK Co. Ltd, Puhuiying, Jane, FUIEOE, JLKJ, Gyedtr, ClynnJ'S Choice Co.Itd, GHCD Co.Ltd, Krqap and YYNKM added to case caption. (Judge, James)
2023-12-18
1
No Actions
NEW PARTIES: YALER, Sam clothes and bags, VKEKIEO, OAVQHLG3B, Mittory Company, YYECNNG INTL CO, LTD, SZWZ Technology, CDLYD, WZJSY, PATLOLLAV, Badymin CSL, Herrnalise, Honeeladyy, TUTUnaumb, Tepsmf, Yomiee HOME/BEAUTY/OUTDOORS Must-haves, iMESTOU, Kojanyu, Hfyihgf, JIUKE, Chong and Good Choice Co.Itd added to case caption. (Judge, James)
2023-12-18
1
No Actions
NEW PARTIES: Global cross-border home Store, Life Kitchen Home Store, CandyangelHOME Store, Global Trade Home Store, Global Trade Store, Shop1102786250 Store, GLOBAL Super Store, BaBy dragon, Pindejin-US, Dananashop, Radolfzell shops, Adorila, topshenzhen Store, easyshop_uk, jollimanclothing, malixco, your_approved_seller, Tophotred, focusgood, The Unusual Gift Company and Value To Buy added to case caption. (Judge, James)
2023-12-18
1
No Actions
NEW PARTIES: Yiwu Changde Trading Co., Ltd., Yiwu Dingyu Household Articles Co., Ltd., Yiwu Hengli Network Technology Co., Ltd., Shandong Runyang Supply Chain Management Co., Ltd., Yiwu Jue Hang Trade Co., Ltd., Yiwu Xisheng Trade Co., Ltd., Yiwu Xunhan Trading Co., Ltd., Yiwu Jiacheng Network Technology Co., Ltd., bettergoods, heyfon Everytwo's toy Store, AI House Store, HomEncounter Store, PPPC Store, Green prophecy Store, VOGVIGO Convenient life Store, LISM Tools Store, sumulin2021 Store, gerooturn Store, Global Home Goods Store and Shop1102126411 Store added to case caption. (Judge, James)
2023-12-18
1
No Actions
MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 12/20/23 Notice of Motion date and resets the noticed motions for 1/3/24 at 11:00 a.m. in Courtroom 1203. Mailed notice (cn). (Entered: 12/19/2023)
SUMMONS Returned Executed by JM as to Shandong Runyang Supply Chain Management Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Changde Trading Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Dingyu Household Articles Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Hengli Network Technology Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Jiacheng Network Technology Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Jue Hang Trade Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Xisheng Trade Co., Ltd. on 12/26/2023, answer due 1/16/2024; Yiwu Xunhan Trading Co., Ltd. on 12/26/2023, answer due 1/16/2024. (Attachments: # 1 Ex. 1)(Judge, James) (Entered: 12/26/2023)
SUMMONS Returned Executed by JM as to Adorila on 12/14/2023, answer due 1/4/2024; Autumn on 12/14/2023, answer due 1/4/2024; BLUUXIN on 12/14/2023, answer due 1/4/2024; BaBy dragon on 12/14/2023, answer due 1/4/2024; Badymin CSL on 12/14/2023, answer due 1/4/2024; Binafsi on 12/14/2023, answer due 1/4/2024; CDLYD on 12/14/2023, answer due 1/4/2024; Cglfd on 12/14/2023, answer due 1/4/2024; Chengdu Lijia technology Co., LTD on 12/14/2023, answer due 1/4/2024; Chengdu Nian long machinery electronic commerce Co., LTD on 12/14/2023, answer due 1/4/2024; Chengdu Qiaosan Yin trade Co., LTD on 12/14/2023, answer due 1/4/2024; Chengdu Tongzhangwen Technology Co., LTD on 12/14/2023, answer due 1/4/2024; Chengdu Weida Zhao Technology Co., LTD on 12/14/2023, answer due 1/4/2024; Chengdu Yingying Long technology Co., LTD on 12/14/2023, answer due 1/4/2024; Chengdu Yong Wang Qin trading Co., LTD on 12/14/2023, answer due 1/4/2024; Chong on 12/14/2023, answer due 1/4/2024; Chongqing Longyi Di Industrial Co., LTD on 12/14/2023, answer due 1/4/2024; Cloud on 12/14/2023, answer due 1/4/2024; ClynnJ'S Choice Co.Itd on 12/14/2023, answer due 1/4/2024; Dananashop on 12/14/2023, answer due 1/4/2024; Danieerclosy on 12/14/2023, answer due 1/4/2024; Edvintorg on 12/14/2023, answer due 1/4/2024; FUIEOE on 12/14/2023, answer due 1/4/2024; Fpqtro on 12/14/2023, answer due 1/4/2024; G-CHEN on 12/14/2023, answer due 1/4/2024; GHCD Co.Ltd on 12/14/2023, answer due 1/4/2024; GUANG ZHOU HE YANG SHI PIN YOU XIAN GONG SI on 12/14/2023, answer due 1/4/2024; Good Choice Co.Itd on 12/14/2023, answer due 1/4/2024; Good Day Co.Itd on 12/14/2023, answer due 1/4/2024; Gulan Co.Ltd on 12/14/2023, answer due 1/4/2024; Gyedtr on 12/14/2023, answer due 1/4/2024; Gzztg on 12/14/2023, answer due 1/4/2024; HAIK Co. Ltd on 12/14/2023, answer due 1/4/2024; Henpk on 12/14/2023, answer due 1/4/2024; Herrnalise on 12/14/2023, answer due 1/4/2024; Hfyihgf on 12/14/2023, answer due 1/4/2024; Honeeladyy on 12/14/2023, answer due 1/4/2024; Housester on 12/14/2023, answer due 1/4/2024; JIUKE on 12/14/2023, answer due 1/4/2024; JLKJ on 12/14/2023, answer due 1/4/2024; Jane on 12/14/2023, answer due 1/4/2024; Joybuy Seller 5 on 12/14/2023, answer due 1/4/2024; Joybuy Seller 6 on 12/14/2023, answer due 1/4/2024; Joybuy Seller 8 on 12/14/2023, answer due 1/4/2024; Junjingyi Trading Co., Ltd. on 12/14/2023, answer due 1/4/2024; KEINXS Co., Ltd on 12/14/2023, answer due 1/4/2024; Kehuo on 12/14/2023, answer due 1/4/2024; Kojanyu on 12/14/2023, answer due 1/4/2024; Krqap on 12/14/2023, answer due 1/4/2024; Li HB Store on 12/14/2023, answer due 1/4/2024; Lingdang on 12/14/2023, answer due 1/4/2024; Lingouzi on 12/14/2023, answer due 1/4/2024; MASkyfall on 12/14/2023, answer due 1/4/2024; Mari Boom Electronics on 12/14/2023, answer due 1/4/2024; Mittory Company on 12/14/2023, answer due 1/4/2024; OAVQHLG3B on 12/14/2023, answer due 1/4/2024; PATLOLLAV on 12/14/2023, answer due 1/4/2024; Pindejin-US on 12/14/2023, answer due 1/4/2024; Puhuiying on 12/14/2023, answer due 1/4/2024; Radolfzell shops on 12/14/2023, answer due 1/4/2024; Rdeuod on 12/14/2023, answer due 1/4/2024; SGCYLOWQ INC on 12/14/2023, answer due 1/4/2024; SZWZ Technology on 12/14/2023, answer due 1/4/2024; Sallyzt Co.ltd on 12/14/2023, answer due 1/4/2024; Sam clothes and bags on 12/14/2023, answer due 1/4/2024; Shenzhen Hongji supply chain Co., LTD on 12/14/2023, answer due 1/4/2024; Shenzhen Jingli trading Co., LTD on 12/14/2023, answer due 1/4/2024; Shenzhen Kaiyuan da electronic Commerce Co., LTD on 12/14/2023, answer due 1/4/2024; Shenzhen Yingfan trading Co., LTD on 12/14/2023, answer due 1/4/2024; Sulgyt on 12/14/2023, answer due 1/4/2024; TUTUnaumb on 12/14/2023, answer due 1/4/2024; TXFQZL on 12/14/2023, answer due 1/4/2024; Tedamir on 12/14/2023, answer due 1/4/2024; Tepsmf on 12/14/2023, answer due 1/4/2024; Tfalo on 12/14/2023, answer due 1/4/2024; The Unusual Gift Company on 12/14/2023, answer due 1/4/2024; Thsue on 12/14/2023, answer due 1/4/2024; Tophotred on 12/14/2023, answer due 1/4/2024; Trylyc on 12/14/2023, answer due 1/4/2024; VKEKIEO on 12/14/2023, answer due 1/4/2024; Value To Buy on 12/14/2023, answer due 1/4/2024; Vntub on 12/14/2023, answer due 1/4/2024; WQQZJJ on 12/14/2023, answer due 1/4/2024; WUXICHEN on 12/14/2023, answer due 1/4/2024; WZJSY on 12/14/2023, answer due 1/4/2024; Wanzhou district of Chongqing Xinshiyi Technology Co., LTD on 12/14/2023, answer due 1/4/2024; XFLWAM on 12/14/2023, answer due 1/4/2024; Xiadi on 12/14/2023, answer due 1/4/2024; YALER on 12/14/2023, answer due 1/4/2024; YYECNNG INTL CO, LTD on 12/14/2023, answer due 1/4/2024; YYNKM on 12/14/2023, answer due 1/4/2024; Yayiaclooher on 12/14/2023, answer due 1/4/2024; Yomiee HOME/BEAUTY/OUTDOORS Must-haves on 12/14/2023, answer due 1/4/2024; Yrtoes on 12/14/2023, answer due 1/4/2024; easyshop_uk on 12/14/2023, answer due 1/4/2024; focusgood on 12/14/2023, answer due 1/4/2024; iMESTOU on 12/14/2023, answer due 1/4/2024; jollimanclothing on 12/14/2023, answer due 1/4/2024; loopsun on 12/14/2023, answer due 1/4/2024; malixco on 12/14/2023, answer due 1/4/2024; topshenzhen Store on 12/14/2023, answer due 1/4/2024; your_approved_seller on 12/14/2023, answer due 1/4/2024; yuanpingxiaofengshangmao on 12/14/2023, answer due 1/4/2024; yuheshengfangdianzishangwu on 12/14/2023, answer due 1/4/2024. (Attachments: # 1 Ex. 1)(Judge, James) (Entered: 12/26/2023)
SUMMONS Returned Executed by JM as to GLOBAL Super Store on 12/15/2023, answer due 1/5/2024; Global Home Goods Store on 12/15/2023, answer due 1/5/2024; Global Trade Home Store on 12/15/2023, answer due 1/5/2024; Global Trade Store on 12/15/2023, answer due 1/5/2024; Global cross-border home Store on 12/15/2023, answer due 1/5/2024; HomEncounter Store on 12/15/2023, answer due 1/5/2024; LISM Tools Store on 12/15/2023, answer due 1/5/2024; Life Kitchen Home Store on 12/15/2023, answer due 1/5/2024; PPPC Store on 12/15/2023, answer due 1/5/2024; Shop1102126411 Store on 12/15/2023, answer due 1/5/2024; Shop1102786250 Store on 12/15/2023, answer due 1/5/2024; VOGVIGO Convenient life Store on 12/15/2023, answer due 1/5/2024; bettergoods on 12/15/2023, answer due 1/5/2024; gerooturn Store on 12/15/2023, answer due 1/5/2024; heyfon Everytwo's toy Store on 12/15/2023, answer due 1/5/2024; sumulin2021 Store on 12/15/2023, answer due 1/5/2024. (Attachments: # 1 Ex. 1)(Judge, James) (Entered: 12/26/2023)
MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal 18, 23, this case is dismissed with prejudice as to Defendants 42-48, 51-58, 66-67, 70, 73, 76-77, 80, 84, 86-87, 97-98, 100, 103, 105-106, 108-109, and 111. The Court grants Plaintiff's motion for leave to file an amended complaint, with a revised Schedule A 20, and orders Plaintiff to file the amended complaint, with the revised Schedule A, by 12/29/23. The 1/3/24 motion hearing date stands as to Plaintiff's motion for preliminary injunction 21 . Mailed notice. (kl, ) (Entered: 12/27/2023)
AMENDED order on motion to amend/correct,,, text entry,, 27 Amended Schedule A (Attachments: # 1 Amended Schedule A)(Judge, James) (Entered: 12/27/2023)
NEW PARTIES: Shenzhen Jishun Tong automotive supplies Co., LTD and Chengdu Jurenjie Technology Co., LTD added to case caption. (Judge, James)
2023-12-27
1
No Actions
MINUTE entry before the Honorable John Robert Blakey: The Court grants Jacob Chen's motion for leave to appear pro hac vice 30 . Mailed notice. (kl, ) (Entered: 12/28/2023)
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 33, this case is dismissed with prejudice as to the following Defendants: Adorila (No. 32); Value To Buy (No. 41); YYECNNG INTL CO, LTD (No. 47); KEINXS Co., Ltd (No. 105); JIUKE (No. 61); Chong (No. 62); Sulgyt (No. 68); Gulan Co.Ltd (No. 71); TXFQZL (No. 72); Fpqtro (No. 94); and Cloud (No. 101). Mailed notice (gel, ) (Entered: 01/02/2024)
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/3/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for preliminary injunction as to certain defendants 21 is granted. Enter Order for Preliminary Injunction. Status hearing set for 2/14/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 01/04/2024)
MINUTE entry before the Honorable John Robert Blakey: Defendant Tophotred's motion for extension of time 36 is granted and any response to complaint shall be filed on or before 1/18/2024. Counsel is reminded that all motions shall be noticed for presentment or may be stricken. Based upon the filing of the notice of voluntary dismissal 39, Defendants Chengdu Lijia technology Co., LTD (#130), Shenzhen Yingfan trading Co., LTD (#132), Shenzhen Yingfan trading Co., LTD (#133), Shenzhen Hongji supply chain Co., LTD (#135), Chengdu Jurenjie Technology Co., LTD (#138), Shenzhen Hongji supply chain Co., LTD (#139) and Shenzhen Hongji supply chain Co., LTD (#142) are dismissed with prejudice. Mailed notice (gel, ) (Entered: 01/09/2024)
MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notice of voluntary dismissal 41 and 42, this case is dismissed with prejudice as to Defendants Pindejin-US (29), Hfyihgf (60) and The Unusual Gift Company (40). Mailed notice (gel, ) (Entered: 01/19/2024)
NOTICE of Motion by James Edward Judge for presentment of before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM. (Judge, James) (Entered: 01/25/2024)
MOTION by Plaintiff JM for default judgment as to as to Certain Defendants (Attachments: # 1 Memorandum In Support of Motion, # 2 Schedule A)(Judge, James) (Entered: 01/26/2024)
NOTICE of Motion by James Edward Judge for presentment of motion for default judgment 46 before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM. (Judge, James) (Entered: 01/26/2024)
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notices of voluntary dismissal 45, 48, the Court dismisses this case without prejudice as to Defendants AI House Store (No. 11); Green prophecy Store (No. 14); and CandyangelHOME Store (No. 23) and with prejudice as to Defendants Tophotred (No. 38); Trylyc (No. 88); Li HB Store (No. 99); and Shenzhen Kaiyuan da electronic Commerce Co., LTD (No. 136). Absent reinstatement, the dismissal of Defendants AI House Store (No. 11); Green prophecy Store (No. 14); and CandyangelHOME Store (No. 23) shall automatically convert to a dismissal with prejudice on 7/31/24. Mailed notice (gel, ) (Entered: 01/31/2024)
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/31/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment 46 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice (gel, ) (Entered: 01/31/2024)
