XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A

COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17596576, filed by XYZ Corporation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Rubio, Humberto) (Entered: 06/10/2024)

2024-06-10

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COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17596576, filed by XYZ Corporation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Rubio, Humberto) (Entered: 06/10/2024)

2024-06-10

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Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24) (Entered: 06/11/2024)

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FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (ar24) (Entered: 06/11/2024)

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Clerk's Notice of Judge Assignment and Optional Consent

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Plaintiff's MOTION to Seal and Temporarily Proceed under Pseudonym per Local Rule 5.4 by XYZ Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order) (Rubio, Humberto) (Entered: 06/24/2024)

2024-06-24

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ORDER GRANTING PLAINTIFF'S EX PARTE MOTION TO FILE UNDER SEAL AND TO TEMPORARILY PROCEED UNDER A PSEUDONYM granting 4 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 6/25/2024. See attached document for full details. (pcs) (Entered: 06/26/2024)

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ORDER to Perfect Service. ( Show Cause Response due by 9/9/2024.) Signed by Judge Rodolfo A. Ruiz, II on 7/10/2024. See attached document for full details. (ls) (Entered: 07/11/2024)

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Sealed Document Amended Complaint re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit2) (Rubio, Humberto) (Entered: 08/04/2024)

2024-08-04

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Sealed Document Amended Complaint re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit2) (Rubio, Humberto) (Entered: 08/04/2024)

2024-08-04

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Sealed Document Amended Complaint re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit2) (Rubio, Humberto) (Entered: 08/04/2024)

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Order

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NOTICE of Filing Under Seal Declaration of Plaintiff re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Attachments: # 1 Exhibit Declaration of Plaintiff) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

2024-08-09

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Notice of Filing Under Seal Declaration of Humberto Rubio and Schedule B re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Attachments: # 1 Exhibit Schedule B) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

2024-08-09

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Notice of Filing Under Seal Declaration of Humberto Rubio and Schedule B re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Attachments: # 1 Exhibit Schedule B) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Plaintiff's, Sealed EX PARTE MOTION For Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer Of Assets by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Declaration of Plaintiff, # 3 Exhibit Declaration Humberto Rubio, # 4 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

2024-08-09

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Plaintiff's, Sealed EX PARTE MOTION For Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer Of Assets by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Declaration of Plaintiff, # 3 Exhibit Declaration Humberto Rubio, # 4 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Plaintiff's, Sealed EX PARTE MOTION For Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer Of Assets by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Declaration of Plaintiff, # 3 Exhibit Declaration Humberto Rubio, # 4 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Plaintiff's, Sealed EX PARTE MOTION For Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer Of Assets by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Declaration of Plaintiff, # 3 Exhibit Declaration Humberto Rubio, # 4 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Plaintiff's, Sealed EX PARTE MOTION For Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer Of Assets by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Declaration of Plaintiff, # 3 Exhibit Declaration Humberto Rubio, # 4 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service Of Process On Defendants Pursuant To Federal Rule Of Civil Procedure 4(F)(3) And Incorporated Memorandum Of Law by XYZ Corporation. (Attachments: # 1 Exhibit Declaration of Humberto Rubio in Support Alternate Service, # 2 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Plaintiff's EX PARTE MOTION For Leave To Conduct Expedited Third-Party Discovery And Memorandum Of Law by XYZ Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 8/9/2024 (kpe). (Entered: 08/09/2024)

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Order

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Order

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Order

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Order

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Order

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Sealed ORDER granting 10 Ex Parte Motion for Entry of Temporary Restraining Order. Telephonic Hearing set for 8/27/2024 at 01:00 PM before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz II on 8/12/2024. See attached document for full details. (gp) (Entered: 08/13/2024)

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ORDER Authorizing Alternate Service of Process on Defendants. Granting 11 Ex Parte Motion. Signed by Judge Rodolfo A. Ruiz II on 8/12/2024. See attached document for full details. (gp) (Entered: 08/13/2024)

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ORDER granting 12 Ex Parte Motion for Leave to Conduct Expedited Third-Party Discovery. Signed by Judge Rodolfo A. Ruiz II on 8/12/2024. See attached document for full details. (gp) (Entered: 08/13/2024)

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Order

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NOTICE of Attorney Appearance by Jianyin Liu on behalf of zhengledianzi. Attorney Jianyin Liu added to party zhengledianzi(pty:dft). (Liu, Jianyin) (Entered: 08/22/2024)

2024-08-22

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Plaintiff's EX PARTE MOTION motion to extend TRO dates/deadlines by XYZ Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order) (Rubio, Humberto) (Entered: 08/22/2024)

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Order

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ORDER RESCHEDULING HEARING AND EXTENDING TRO. Granting 17 Ex Parte Motion to Extend Certain Deadlines. Telephonic Hearing on Motion for Preliminary Injunction is hereby re-set for September 10, 2024 at 03:00 PM in Miami Division before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz II on 8/23/2024. See attached document for full details. (gp) (Entered: 08/23/2024)

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Order

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Sealed Document Notice of Filing Summons re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Rubio, Humberto) (Entered: 08/30/2024)

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Summons issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. (kpe) (Entered: 08/30/2024)

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Order

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MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,, MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM, MOTION to Strike 1 Complaint, ( Responses due by 9/23/2024.), MOTION for More Definite Statement ( Responses due by 9/23/2024.) by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store. Attorney Peter Andrew Koziol added to party Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store (pty:dft). (Koziol, Peter) (Entered: 09/08/2024)

2024-09-08

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Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store (Koziol, Peter) (Entered: 09/08/2024)

2024-09-08

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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Gottardo, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-17817556 by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store. Responses due by 9/23/2024. (Attachments: # 1 Certification David a. Gottardo, Esq., # 2 Text of Proposed Order)(Koziol, Peter) (Entered: 09/08/2024)

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RESPONSE in Opposition re 4 Plaintiff's MOTION to Seal and Temporarily Proceed under Pseudonym per Local Rule 5.4 Response in Opposition to Ex Parte Motion for TRO and Preliminary Injunction Filed Under Seal filed by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store. Replies due by 9/16/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Koziol, Peter) (Entered: 09/08/2024)

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 09/09/2024)

2024-09-09

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Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): ARCFONY, Hynade USA, Jinyu NIU, Luckyweld, Vilstomes, Addlon Lighting, Ander Wan, auto-hill, Basvacsh-US, Ceeye, CircleCord, deAccessories, Filluck shop, FinderS, FlameWeld Store, GTYORUS, HANNE MEOW, Hefeng Direct, HZXVOGEN, kendo8, LAZMUMI, Mrolife, muendianzi, ROSEINRUG, SeacanDirect, speedingd, US-JUNYUN, vvoodeinck, YCLTDD, Yilide, YOCAGO, YOMILINK USA, Hilinego, Joinfworld, FROSTYRIDER, Besfor, YuanCkuyo, Yanshaja, GUANZHOU AILAITE, Jaap Autotek, Zham, Subtipy, around_photo_sound, best-homepro, spau-1512, haserali, uassaday, scdegr_1, SmarketBuy, PetPals Shop and TOOLIOM. (Rubio, Humberto) (Entered: 09/09/2024)

2024-09-09

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PAPERLESS ORDER Requiring Clarification. Plaintiff's Notice of Entry of Parties, ECF No. 26, lists the Defendants in this action and notes that the list excludes Defendants that were served "but have since been dismissed." The list excludes Defendant No. 40 ("Spacemen Store"), which has filed a Motion to Dismiss, ECF No. 21 . Accordingly, on or before tomorrow, September 10, 2024 at 2:00 P.M., Plaintiff shall file the appropriate dismissal documents or advise the Court of Spacemen Store's status in the action. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2024. (agh) (Entered: 09/09/2024)

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PAPERLESS ORDER on 25 Notice of Voluntary Dismissal as to Certain Defendants Only ("Notice"). Pursuant to the Notice, Plaintiff's claims against Defendant No. 33 on Schedule A, ECF No. [10-1], ("zhengledianzi") are hereby DISMISSED with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2024. (agh) (Entered: 09/09/2024)

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Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Spacemen Store. (Rubio, Humberto) (Entered: 09/09/2024)

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Sealed Document Notice of Filing Bond re DE# 5 Order on Motion to Seal, by XYZ Corporation. (Rubio, Humberto) (Entered: 09/09/2024)

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Defendant's MOTION to Expedite Motion to Dismiss by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store. (Koziol, Peter) (Entered: 09/09/2024)

2024-09-09

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SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by XYZ Corporation. ARCFONY served on 9/2/2024, response/answer due 9/23/2024; Addlon Lighting served on 9/2/2024, response/answer due 9/23/2024; Ander Wan served on 9/2/2024, response/answer due 9/23/2024; Basvacsh-US served on 9/2/2024, response/answer due 9/23/2024; Besfor served on 9/2/2024, response/answer due 9/23/2024; Ceeye served on 9/2/2024, response/answer due 9/23/2024; CircleCord served on 9/2/2024, response/answer due 9/23/2024; FROSTYRIDER served on 9/2/2024, response/answer due 9/23/2024; Filluck shop served on 9/2/2024, response/answer due 9/23/2024; FinderS served on 9/2/2024, response/answer due 9/23/2024; FlameWeld Store served on 9/2/2024, response/answer due 9/23/2024; GTYORUS served on 9/2/2024, response/answer due 9/23/2024; GUANZHOU AILAITE served on 9/2/2024, response/answer due 9/23/2024; HANNE MEOW served on 9/2/2024, response/answer due 9/23/2024; HZXVOGEN served on 9/2/2024, response/answer due 9/23/2024; Hefeng Direct served on 9/2/2024, response/answer due 9/23/2024; Hilinego served on 9/2/2024, response/answer due 9/23/2024; Hynade USA served on 9/2/2024, response/answer due 9/23/2024; Jaap Autotek served on 9/2/2024, response/answer due 9/23/2024; Jinyu NIU served on 9/2/2024, response/answer due 9/23/2024; Joinfworld served on 9/2/2024, response/answer due 9/23/2024; LAZMUMI served on 9/2/2024, response/answer due 9/23/2024; Luckyweld served on 9/2/2024, response/answer due 9/23/2024; Mrolife served on 9/2/2024, response/answer due 9/23/2024; PetPals Shop served on 9/2/2024, response/answer due 9/23/2024; ROSEINRUG served on 9/2/2024, response/answer due 9/23/2024; SeacanDirect served on 9/2/2024, response/answer due 9/23/2024; SmarketBuy served on 9/2/2024, response/answer due 9/23/2024; Spacemen Store served on 9/2/2024, response/answer due 9/23/2024; Subtipy served on 9/2/2024, response/answer due 9/23/2024; TOOLIOM served on 9/2/2024, response/answer due 9/23/2024; The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A response/answer due 9/23/2024; US-JUNYUN served on 9/2/2024, response/answer due 9/23/2024; Vilstomes served on 9/2/2024, response/answer due 9/23/2024; YCLTDD served on 9/2/2024, response/answer due 9/23/2024; YOCAGO served on 9/2/2024, response/answer due 9/23/2024; YOMILINK USA served on 9/2/2024, response/answer due 9/23/2024; Yanshaja served on 9/2/2024, response/answer due 9/23/2024; Yilide served on 9/2/2024, response/answer due 9/23/2024; YuanCkuyo served on 9/2/2024, response/answer due 9/23/2024; Zham served on 9/2/2024, response/answer due 9/23/2024; Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store served on 9/2/2024, response/answer due 9/23/2024; around_photo_sound served on 9/2/2024, response/answer due 9/23/2024; auto-hill served on 9/2/2024, response/answer due 9/23/2024; best-homepro served on 9/2/2024, response/answer due 9/23/2024; deAccessories served on 9/2/2024, response/answer due 9/23/2024; haserali served on 9/2/2024, response/answer due 9/23/2024; kendo8 served on 9/2/2024, response/answer due 9/23/2024; muendianzi served on 9/2/2024, response/answer due 9/23/2024; scdegr_1 served on 9/2/2024, response/answer due 9/23/2024; spau-1512 served on 9/2/2024, response/answer due 9/23/2024; speedingd served on 9/2/2024, response/answer due 9/23/2024; uassaday served on 9/2/2024, response/answer due 9/23/2024; vvoodeinck served on 9/2/2024, response/answer due 9/23/2024. (Rubio, Humberto) (Entered: 09/09/2024)

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PAPERLESS ORDER denying 31 Defendant Spacemen's Expedited Motion to Expedite Motion to Dismiss. The Court will address Defendant Spacemen's Motion to Dismiss, ECF No. 21, at the Telephonic Hearing scheduled for tomorrow at 3:00 P.M. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2024. (agh) (Entered: 09/09/2024)

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PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney David A. Gottardo. Signed by Judge Rodolfo A. Ruiz, II on 9/9/2024. (agh) (Entered: 09/09/2024)

2024-09-09

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Plaintiff's REPLY to Response to Motion re 4 Plaintiff's MOTION to Seal and Temporarily Proceed under Pseudonym per Local Rule 5.4 Reply to ECF No. 24 filed by XYZ Corporation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rubio, Humberto) (Entered: 09/09/2024)

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REPLY to 24 Response in Opposition to Motion,, by XYZ Corporation. (ls)(See Image at DE #35) (Entered: 09/10/2024)

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Order on Motion to Expedite

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Order on Motion to Appear Pro Hac Vice

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Order

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- Order (PAPERLESS or pdf attached)

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Clerk's Notice to Filer re 35 Reply to Response to Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#36 ]. AND Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 09/10/2024)

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Plaintiff's MOTION to Unseal Case by XYZ Corporation. Responses due by 9/24/2024. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rubio, Humberto) (Entered: 09/10/2024)

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RESPONSE in Support re 38 Plaintiff's MOTION to Unseal Case Expedited filed by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store. (Koziol, Peter) (Entered: 09/10/2024)

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Defendant's NOTICE of Filing Proposed AO 120 Form by Zhongshansh taikongren dianzkeji youxiamgongsi d/b/a Spacemen Store re 3 Form AO 120/121 (Attachments: # 1 Exhibit A - Proposed AO 120 Form) (Koziol, Peter) Modified Text on 9/11/2024 (ls). (Entered: 09/10/2024)

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REPLY to Response to Motion re 38 Plaintiff's MOTION to Unseal Case filed by XYZ Corporation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rubio, Felipe) (Entered: 09/10/2024)

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PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz II: Telephone Conference held on 9/10/2024. Attorney Appearance(s): Humberto Rubio, Jr, Felipe Rubio, David A. Gottardo, Peter Andrew Koziol, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp) (Entered: 09/10/2024)

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PAPERLESS ORDER Extending Order Granting Ex Parte Motion for Entry of Temporary Restraining Order ("TRO"), ECF No. 13 . As discussed and agreed upon at the Hearing, ECF No. 42, the TRO is extended to Friday, September 13, 2024 at 12:00 P.M. as to Defendant Spacemen only in order to facilitate ongoing settlement efforts. Signed by Judge Rodolfo A. Ruiz, II on 9/10/2024. (agh) (Entered: 09/10/2024)

2024-09-10

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ORDER GRANTING MOTION TO UNSEAL granting 38 Motion to Unseal Case. Signed by Judge Rodolfo A. Ruiz, II on 9/10/2024. See attached document for full details. (pcs) (Entered: 09/11/2024)

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- Order (PAPERLESS or pdf attached)

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Telephone Conference

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Response/Reply (Other)

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Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

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Clerk's NOTICE of Compliance re 44 Order on Motion to Unseal Case. All Docket Entries Unsealed. (pcs) (Entered: 09/11/2024)

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Notice of Compliance

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ORDER Granting 10 Plaintiff's Ex Parte Motion for Preliminary Injunction. Signed by Judge Rodolfo A. Ruiz, II on 9/11/2024. See attached document for full details. (ls) (Entered: 09/12/2024)

2024-09-12

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NOTICE of Settlement and Unopposed Motion to Suspend Proceedings and Extend TRO as to Defendant Spacemen Store Only by XYZ Corporation (Attachments: # 1 Text of Proposed Order Proposed Order) (Rubio, Humberto) (Entered: 09/13/2024)

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PAPERLESS ORDER on 47 Notice of Settlement and Unopposed Motion to Suspend Proceedings and Extend TRO as to Defendant Spacemen Store Only. The parties shall file the appropriate dismissal documents within thirty (30) days of the date of this Order. All other deadlines as to Spacemen Store are TERMINATED. As agreed upon by the parties, the Order Granting Ex Parte Motion for Entry of Temporary Restraining Order, ECF No. 13, is extended to September 25, 2024 as to Defendant Spacemen only. Signed by Judge Rodolfo A. Ruiz, II on 9/13/2024. (agh) (Entered: 09/13/2024)

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- Order (PAPERLESS or pdf attached)

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 09/18/2024)

2024-09-18

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PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants Only ("Notice"), ECF No. 49 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 2 ("Hynade USA"), 18 ("Hefend Direct"), 39 ("Yanshaja"), 41 ("GUANZHOU AILAITE"), and 44 ("Subtipy") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 9/18/2024. (agh) (Entered: 09/18/2024)

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- Order (PAPERLESS or pdf attached)

2024-09-18

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NOTICE of Attorney Appearance by Jianyin Liu on behalf of Yilide. Attorney Jianyin Liu added to party Yilide(pty:dft). (Liu, Jianyin) (Entered: 09/19/2024)

2024-09-19

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Expedited MOTION TO DISMISS 7 Sealed Document FOR FAILURE TO STATE A CLAIM ( Responses due by 10/4/2024.), MOTION to Strike 7 Sealed Document ( Responses due by 10/4/2024.), MOTION for More Definite Statement by The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Attorney Peter Andrew Koziol added to party The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A(pty:dft). (Koziol, Peter) Modified Text on 9/24/2024 (ls). (Entered: 09/20/2024)

2024-09-20

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NOTICE of Attorney Appearance by Peter Andrew Koziol on behalf of The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A (Koziol, Peter) (Entered: 09/23/2024)

2024-09-23

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Terminate Attorneys

2024-09-23

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Attorney Peter Andrew Koziol representing The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A (Defendant) terminated. (ls)(Filer selected incorrect party)

2024-09-23

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Clerk's Notice to Filer re 52 Expedited MOTION TO DISMISS 7 Sealed Document FOR FAILURE TO STATE A CLAIM Motion to Strike 7 Sealed Document Motion for More Definite Statement, 53 Notice of Attorney Appearance. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the proper filer(s)/case. CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must refile the document adding themselves to the proper parties. Future Filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the proper filer(s)/case. (ls) (Entered: 09/24/2024)

2024-09-24

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Expedited MOTION TO DISMISS 7 Sealed Document FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction 7 Sealed Document, MOTION to Strike 7 Sealed Document ( Responses due by 10/8/2024.), MOTION for More Definite Statement by Henan Zhimei Innovation Network Technology Co., Ltd., Changzhou Geheng Machinery Equipment Co., Ltd., Atom International Trading Co., Ltd., Yiwu Xiangchu E-commerce Co., Ltd., Chongqing Cheyan E-commerce Co., Ltd., Shenzhen Chaofan Technology Co., Ltd., Yiwu Tik E-commerce Co., Ltd., Guangzhou Little Raccoon Technology Co., Ltd., Shenzhen Maoniduoduo Technology Co., Ltd., Ningbo Chenshi Information Technology Co., Ltd., Shanghai Renhong Industry and Trade Co., Ltd., Wuhan Zhongyou E-Commerce Co., Ltd., Yichang Bingpeng Trading Co., Ltd., Yueqing Kunyuan Trading Co., Ltd., World Trade, Shenzhen Xiaoao Gongchuang Technology Co., Ltd., Shenzhen Yiruitonghe Technology Co., Ltd., Shanghai Renhong Industry and Trade Co., Ltd., Chengguantangli Village, Zhugang Town, Yuhuan County, Shenzhen Unite Welding Machinery Co., Ltd. Yiwu Xiangchu E-commerce Co., Ltd., Shanghai Renhong Industry and Trade Co., Ltd., Shanghai Win Trade. Attorney Peter Andrew Koziol added to party Henan Zhimei Innovation Network Technology Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Changzhou Geheng Machinery Equipment Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Atom International Trading Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Yiwu Xiangchu E-commerce Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Chongqing Cheyan E-commerce Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Shenzhen Chaofan Technology Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Yiwu Tik E-commerce Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Guangzhou Little Raccoon Technology Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Shenzhen Maoniduoduo Technology Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Ningbo Chenshi Information Technology Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Shanghai Renhong Industry and Trade Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Wuhan Zhongyou E-Commerce Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Yichang Bingpeng Trading Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Yueqing Kunyuan Trading Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party World Trade(pty:dft), Attorney Peter Andrew Koziol added to party Shenzhen Xiaoao Gongchuang Technology Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Shenzhen Yiruitonghe Technology Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Shanghai Renhong Industry and Trade Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Chengguantangli Village, Zhugang Town, Yuhuan County (pty:dft), Attorney Peter Andrew Koziol added to party Shenzhen Unite Welding Machinery Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party, Yiwu Xiangchu E-commerce Co., Ltd.(pty:dft), Attorney Peter Andrew Koziol added to party Shanghai Renhong Industry and Trade Co., Ltd. (pty:dft), Attorney Peter Andrew Koziol added to party Shanghai Win Trade (pty:dft). (Koziol, Peter) Modified Text on 9/25/2024 (ls). (Entered: 09/24/2024)

2024-09-24

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Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Chongqing Cheyan E-commerce Co., Ltd., Shenzhen Chaofan Technology Co., Ltd. Yiwu Tik E-commerce Co., Ltd. Guangzhou Little Raccoon Technology Co., Ltd. Shenzhen Maoniduoduo Technology Co., Ltd. Ningbo Chenshi Information Technology Co., Ltd. Shanghai Renhong Industry and Trade Co., Ltd. Wuhan Zhongyou E-Commerce Co., Ltd. Yichang Bingpeng Trading Co., Ltd. Henan Zhimei Innovation Network Technology Co., Ltd. Yueqing Kunyuan Trading Co., Ltd.World Trade Shenzhen Xiaoao Gongchuang Technology Co., Ltd. Shenzhen Yiruitonghe Technology Co., Ltd. Shanghai Renhong Industry and Trade Co., Ltd. Chengguantangli Village, Zhugang Town, Yuhuan County Shenzhen Unite Welding Machinery Co., Ltd. Changzhou Geheng Machinery Equipment Co., Ltd., Yiwu Xiangchu E-commerce Co., Ltd. Shanghai Renhong Industry and Trade Co., Ltd. Shanghai Win Trade Atom International Trading Co., Ltd. Yiwu Xiangchu E-commerce Co., Ltd. (Koziol, Peter) (Entered: 09/24/2024)

2024-09-24

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PAPERLESS ORDER on 55 Expedited Motion to Dismiss, Strike and/or for More Definite Statement ("Motion"). Plaintiff shall respond to the Motion on or before October 1, 2024. The Response shall consider the Court's rulings at the September 10, 2024 Hearing, ECF No. 42, where a number of arguments raised in the Motion were addressed. Further, by October 7, 2024, the parties shall conduct an informal settlement conference for a minimum of two (2) hours. Representatives with settlement authority must attend the informal settlement conference or be available telephonically. The parties shall file a Joint Notice of Compliance and Status Report certifying compliance with this Order and providing a report on the status of discussions by NOON on October 8, 2024. Should the parties reach a resolution of this case through meeting and conferring prior to conducting the informal settlement conference, the parties shall promptly notify the Court that an informal settlement conference will no longer be necessary. Signed by Judge Rodolfo A. Ruiz, II on 9/24/2024. (agh) (Entered: 09/24/2024)

2024-09-24

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 09/24/2024)

2024-09-24

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- Order (PAPERLESS or pdf attached)

2024-09-24

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Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

2024-09-24

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~Util - Terminate Attorneys

2024-09-24

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PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants Only ("Notice"), ECF No. 58 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 6 ("Addlon Lighting"), 19 ("HZXVOGEN"), 24 ("ROSEINRUG"), 28 ("vvoodeinck"), and 31 ("YOCAGO") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 9/24/2024. (agh) (Entered: 09/25/2024)

2024-09-25

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Clerk's Notice to Filer re: 56 Certificate of Other Affiliates/Corporate Disclosure Statement. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (ls) (Entered: 09/25/2024)

2024-09-25

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MOTION for Clerk's Entry of Default as to ARCFONY, Basvacsh-US, FROSTYRIDER, GTYORUS, Jaap Autotek, Luckyweld, SeacanDirect, TOOLIOM, US-JUNYUN, Yilide, Zham, around_photo_sound, haserali, kendo8, muendianzi by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Declaration, # 3 Text of Proposed Order Default Order)(Rubio, Humberto) (Entered: 09/25/2024)

2024-09-25

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MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Yilide. (Liu, Jianyin) (Entered: 09/25/2024)

2024-09-25

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PAPERLESS ORDER granting 62 Motion for Extension of Time to File a Response. Defendant Yilide shall file a response to the Complaint on or before October 5, 2024. The Clerk is directed to exclude Defendant Yilide from the forthcoming Clerk's Entry of Default. Further, the parties shall inform the Court on the status of settlement negotiations on or before October 5, 2024. Signed by Judge Rodolfo A. Ruiz, II on 9/25/2024. (agh) (Entered: 09/25/2024)

2024-09-25

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Set/Reset Deadlines

2024-09-25

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Reset Response/Answer Due Deadline: Yilide response/answer due on or before 10/5/2024. (ls)(per DE #63)

2024-09-25

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Order on Motion for Extension of Time to File Response/Reply/Answer

2024-09-25

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Clerk's Notice of Docket Correction - ELECTRONIC CASE

2024-09-25

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Order Dismissing Party

2024-09-25

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Paperless Clerk's Non-Entry of Default as to Jaap Autotek, Yilide - Motions Terminated: 61 Motion for Clerks Entry of Default,. Reason: Responsive pleading (i.e. Motion for Extension of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 9/26/2024. (ls) (Entered: 09/26/2024)

2024-09-26

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Paperless Clerk's Entry of Default as to ARCFONY, Basvacsh-US, FROSTYRIDER, GTYORUS, Luckyweld, SeacanDirect, TOOLIOM, US-JUNYUN, Zham, around_photo_sound, haserali, kendo8, muendianzi - Motions Terminated: 61 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 9/26/2024. (ls) (Entered: 09/26/2024)

2024-09-26

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ORDER Requiring Motion for Default Judgment. Signed by Judge Rodolfo A. Ruiz, II on 9/26/2024. See attached document for full details. (ls) (Entered: 09/26/2024)

2024-09-26

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ANSWER and Affirmative Defenses to Complaint with Jury Demand Amended Complaint by Yilide. (Liu, Jianyin) (Entered: 09/26/2024)

2024-09-26

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Clerk's Entry/Non-Entry of Default - FORM

2024-09-26

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~Util - Set/Reset Response/Answer Due Deadline

2024-09-26

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 09/27/2024)

2024-09-27

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PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants Only ("Notice"), ECF No. 68 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant Number 36 ("FROSTYRIDER") on Schedule "A" to the Complaint is hereby dismissed from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 9/27/2024. (agh) (Entered: 09/27/2024)

2024-09-27

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- Order (PAPERLESS or pdf attached)

2024-09-27

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RESPONSE in Opposition re 55 Expedited MOTION TO DISMISS 7 Sealed Document FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 7 Sealed Document MOTION to Strike 7 Sealed Document Motion for More Definite Statement filed by XYZ Corporation. Replies due by 10/8/2024. (Rubio, Humberto) (Entered: 10/01/2024)

2024-10-01

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Unopposed MOTION to Withdraw as Attorney by Peter A. Koziol, Esq. and David A. Gottardo, Esq. for / by Besfor, CircleCord, YOMILINK USA. Attorney Peter Andrew Koziol added to party Besfor(pty:dft), Attorney Peter Andrew Koziol added to party CircleCord(pty:dft), Attorney Peter Andrew Koziol added to party YOMILINK USA(pty:dft). Responses due by 10/16/2024. (Attachments: # 1 Text of Proposed Order)(Koziol, Peter) (Entered: 10/02/2024)

2024-10-02

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Expedited MOTION for clarification 57 Order,,,, or ( Responses due by 10/16/2024.), MOTION to Excuse by Ander Wan, Atom International Trading Co., Ltd., Ceeye, Changzhou Geheng Machinery Equipment Co., Ltd., Chengguantangli Village, Zhugang Town, Yuhuan County, Chongqing Cheyan E-commerce Co., Ltd., Filluck shop, FlameWeld Store, Guangzhou Little Raccoon Technology Co., Ltd., HANNE MEOW, Henan Zhimei Innovation Network Technology Co., Ltd., Hilinego, Jinyu NIU, Joinfworld, LAZMUMI, Mrolife, Ningbo Chenshi Information Technology Co., Ltd., PetPals Shop, Shanghai Renhong Industry and Trade Co., Ltd.,Shanghai Renhong Industry and Trade Co., Ltd. Shanghai Renhong Industry and Trade Co., Ltd. Shanghai Win Trade, Shenzhen Chaofan Technology Co., Ltd., Shenzhen Maoniduoduo Technology Co., Ltd., Shenzhen Unite Welding Machinery Co., Ltd. Shenzhen Xiaoao Gongchuang Technology Co., Ltd. Shenzhen Yiruitonghe Technology Co., Ltd., SmarketBuy, Vilstomes, World Trade, Wuhan Zhongyou E-Commerce Co., Ltd., YCLTDD, Yichang Bingpeng Trading Co., Ltd.,Yiwu Tik E-commerce Co., Ltd., Yiwu Xiangchu E-commerce Co., Ltd., Yiwu Xiangchu E-commerce Co., Ltd., YuanCkuyo, Yueqing Kunyuan Trading Co., Ltd., best-homepro, deAccessories, scdegr_1, spau-1512, uassaday. Attorney Peter Andrew Koziol added to party Ander Wan(pty:dft), Attorney Peter Andrew Koziol added to party Ceeye(pty:dft), Attorney Peter Andrew Koziol added to party Filluck shop(pty:dft), Attorney Peter Andrew Koziol added to party FlameWeld Store(pty:dft), Attorney Peter Andrew Koziol added to party HANNE MEOW(pty:dft), Attorney Peter Andrew Koziol added to party Hilinego(pty:dft), Attorney Peter Andrew Koziol added to party Jinyu NIU(pty:dft), Attorney Peter Andrew Koziol added to party Joinfworld(pty:dft), Attorney Peter Andrew Koziol added to party LAZMUMI(pty:dft), Attorney Peter Andrew Koziol added to party Mrolife(pty:dft), Attorney Peter Andrew Koziol added to party PetPals Shop(pty:dft), Attorney Peter Andrew Koziol added to party SmarketBuy(pty:dft), Attorney Peter Andrew Koziol added to party Vilstomes(pty:dft), Attorney Peter Andrew Koziol added to party YCLTDD(pty:dft), Attorney Peter Andrew Koziol added to party YuanCkuyo(pty:dft), Attorney Peter Andrew Koziol added to party auto-hill(pty:dft), Attorney Peter Andrew Koziol added to party best-homepro(pty:dft), Attorney Peter Andrew Koziol added to party deAccessories(pty:dft), Attorney Peter Andrew Koziol added to party scdegr_1(pty:dft), Attorney Peter Andrew Koziol added to party spau-1512(pty:dft), Attorney Peter Andrew Koziol added to party uassaday(pty:dft). (Koziol, Peter) Modified Text to Reflect Correct Reliefs on 10/3/2024 (ls). (Entered: 10/02/2024)

2024-10-02

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RESPONSE to Motion re 72 Expedited MOTION for clarification 57 Order,,,, or MOTION to Excuse filed by XYZ Corporation. Replies due by 10/9/2024. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rubio, Felipe) (Entered: 10/02/2024)

2024-10-02

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Defendant's REPLY to Response to Motion re 55 Expedited MOTION TO DISMISS 7 Sealed Document FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 7 Sealed Document MOTION to Strike 7 Sealed Document Motion for More Definite Statement filed by Ander Wan, Atom International Trading Co., Ltd., Ceeye, Changzhou Geheng Machinery Equipment Co., Ltd. Chengguantangli Village, Zhugang Town, Yuhuan County, Chongqing Cheyan E-commerce Co., Ltd. FlameWeld Store, Guangzhou Little Raccoon Technology Co., Ltd., Henan Zhimei Innovation Network Technology Co., Ltd., Hilinego, Jaap Autotek, Jinyu NIU, Joinfworld, LAZMUMI, Mrolife, Ningbo Chenshi Information Technology Co., Ltd. PetPals Shop, Shanghai Renhong Industry and Trade Co., Ltd. Shanghai Renhong Industry and Trade Co., Ltd. Shanghai Renhong Industry and Trade Co., Ltd. Shanghai Win Trade, Shenzhen Chaofan Technology Co., Ltd., Shenzhen Maoniduoduo Technology Co., Ltd., Shenzhen Unite Welding Machinery Co., Ltd., Shenzhen Xiaoao Gongchuang Technology Co., Ltd., SmarketBuy, Vilstomes, Wuhan Zhongyou E-Commerce Co., Ltd., YCLTDD, Yichang Bingpeng Trading Co., Ltd., Yiwu Tik E-commerce Co., Ltd., Yiwu Xiangchu E-commerce Co., Ltd., Yiwu Xiangchu E-commerce Co., Ltd., YuanCkuyo, best-homepro, deAccessories, scdegr_1, spau-1512, speedingd, uassaday. Attorney Peter Andrew Koziol added to party Jaap Autotek(pty:dft), Attorney Peter Andrew Koziol added to party speedingd(pty:dft). (Attachments: # 1 Exhibit lexis search "substantially similar reflection")(Koziol, Peter) (Entered: 10/03/2024)

2024-10-03

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 10/03/2024)

2024-10-03

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NOTICE of Attorney Appearance by Jianyin Liu on behalf of TOOLIOM. Attorney Jianyin Liu added to party TOOLIOM(pty:dft). (Liu, Jianyin) (Entered: 10/03/2024)

2024-10-03

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Unopposed MOTION to Vacate 65 Clerk's Entry/Non-Entry of Default, by TOOLIOM. Responses due by 10/17/2024. (Liu, Jianyin) (Entered: 10/03/2024)

2024-10-03

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PAPERLESS ORDER Extending Informal Settlement Conference Deadline ECF 57 . The parties shall conduct an informal settlement conference by October 11, 2024 for a minimum of two (2) hours. Representatives with settlement authority must attend the informal settlement conference or be available telephonically. The parties shall file a Joint Notice of Compliance and Status Report certifying compliance with this Order and providing a report on the status of discussions by NOON on October 15, 2024. Should the parties reach a resolution of this case through meeting and conferring prior to conducting the informal settlement conference, the parties shall promptly notify the Court that an informal settlement conference will no longer be necessary. Signed by Judge Rodolfo A. Ruiz, II on 10/3/2024. (nn00) (Entered: 10/03/2024)

2024-10-03

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PAPERLESS ORDER granting 71 Unopposed Motion to Withdraw as Counsel for Defendants (11), (32), and (37). The attorneys from Assouline & Berlowe, P.A., and David A Gottardo, Esq. ("Defense Counsel") are hereby DISCHARGED of all further responsibilities related to Defendants (11) Wuhan Hengling Fishing Village Ecological Agricultural Co. d/b/a Circle Cord; (32) Hangzhou Surface Technology Co., Ltd. d/b/a Yomilink USA; and (37) Hangzhou Jianglouer E-Commerce Co., Ltd.. d/b/a Besfor ("Discharging Defendants"). The Clerk is directed to remove Defense Counsel from the CM/ECF electronic list of counsel to be served in this action as to Discharging Defendants. Discharging Defendants shall have ten (10) calendar days to retain new counsel. Signed by Judge Rodolfo A. Ruiz, II on 10/3/2024. (nn00) (Entered: 10/03/2024)

2024-10-03

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PAPERLESS ORDER granting in part and denying in part 72 SAD Defendants' Expedited Motion for Clarification ("Motion"). The SAD Defendants' request to permit David A. Gottardo, Esq. to serve as their joint and individual representative with full settlement authority at the informal settlement conference is GRANTED. See Mot. at 2-3. The Court reminds the parties that the informal settlement conference shall occur by October 11, 2024 78 ; that Defendants are required to be available at the conference via electronic means; and that the parties shall meet for a minimum of two (2) hours. See ECF 78 . The SAD Defendants' request that the informal settlement conference occur after Plaintiff's disclosures and production of discovery is DENIED. See Mot. at 3. Lastly, the SAD Defendants are advised that failure to participate in a good faith effort to resolve their claims at the informal settlement conference will result in the imposition of sanctions. Signed by Judge Rodolfo A. Ruiz, II on 10/3/2024. (nn00) (Entered: 10/03/2024)

2024-10-03

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PAPERLESS ORDER granting 77 Unopposed Motion to Vacate Default ("Motion"). The Court "may set aside an entry of default for good cause." Fed. R. Civ. P. 55(c). "'Good cause' is a mutable standard, varying from situation to situation." Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996) (quoting Coon v. Grenier, 867 F.2d 73, 76 (1st Cir. 1989)). Accordingly, courts evaluating a motion to vacate a default will consider several factors, including whether the default was culpable or willful, whether setting it aside would prejudice the adversary, whether the defaulting party presents a meritorious defense, and whether the defaulting party acted promptly to correct the default. Compania Interamericana, 88 F.3d at 951. Given that defaults are disfavored "because of the strong policy of determining cases on their merits," Fla. Physician's Ins. Co., Inc. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993), movants need only offer a "bare minimum showing" to support a motion to vacate default under Rule 55(c). Griffin IT Media, Inc. v. Intelligentz Corp., No. 07-80535, 2008 WL 162754, at *2 (S.D. Fla. Jan. 16, 2008). As that minimum showing has been met here, see generally Mot., the Motion is GRANTED. The Court will allow Defendant Tooliom to file a response or answer to the Complaint 1 by October 13, 2024.However, in order to promote judicial economy and a cost-effective resolution, Defendant Tooliom and its counsel shall participate in the informal settlement conference to be held by October 11, 2024 with Plaintiff, see ECF 78 . Signed by Judge Rodolfo A. Ruiz, II on 10/3/2024. (nn00) (Entered: 10/03/2024)

2024-10-03

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- Order (PAPERLESS or pdf attached)

2024-10-03

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Order on Motion to Withdraw as Attorney

2024-10-03

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Order on Motion for Clarification AND Order on Motion for Miscellaneous Relief

2024-10-03

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Order on Motion to Vacate

2024-10-03

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Attorney Peter Andrew Koziol representing CircleCord (Defendant) and YOMILINK USA (Defendant) and Besfor (Defendant); terminated. (ls)(per DE #79)

2024-10-03

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PAPERLESS ORDER on 75 Notice of Voluntary Dismissal as to Defendants (9) Basvacsh-US; (11) CircleCord; (16) GTYORUS; and (25) SeacanDirect. The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants (9), (11), (16), and (25) are dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 10/4/2024. (nn00) (Entered: 10/04/2024)

2024-10-04

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Attorney David A. Gottardo representing Zhongshansh taikongren dianzkeji youxiamgongsi (Defendant) Activated. Terminated in error. (pes)

2024-10-04

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Reset Response/Answer Due Deadline: TOOLIOM response/answer due 10/13/2024. (ls)(per DE #81)

2024-10-04

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~Util - Activate Terminated Attorney

2024-10-04

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- Order (PAPERLESS or pdf attached)

2024-10-04

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~Util - Terminate Attorneys

2024-10-04

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~Util - Set/Reset Response/Answer Due Deadline

2024-10-04

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NOTICE of Settlement and Unopposed Motion to Suspend Proceedings as to Defendants Yilide (Def. No. 30) and TOOLIOM (Def. No. 53) only by XYZ Corporation (Rubio, Felipe) (Entered: 10/05/2024)

2024-10-05

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Order Requiring Stipulation of Dismissal as to Defendants Yilide (30) and Tooliom (53). The Clerk shall administratively CLOSE this case without prejudice for Defendants Yilide and Tooliom to file the appropriate dismissal documents within ten (10) days of the date of this Order. Signed by Judge Rodolfo A. Ruiz, II on 10/7/2024. See attached document for full details. (nn00) (Entered: 10/07/2024)

2024-10-07

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Plaintiff's MOTION for Default Judgment by XYZ Corporation. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit Exhibit A - HR Dec, # 3 Text of Proposed Order Proposed Order Default Judgment, # 4 Text of Proposed Order Proposed Final Judgment)(Rubio, Humberto) (Entered: 10/07/2024)

2024-10-07

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STIPULATION of Dismissal Joint by XYZ Corporation (Rubio, Humberto) (Entered: 10/09/2024)

2024-10-09

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STIPULATION of Dismissal Joint by XYZ Corporation (Rubio, Felipe) (Entered: 10/09/2024)

2024-10-09

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Order Dismissing Certain Defendants. The Court being fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Yilide (No. 30), Tooliom (No. 53), and Spacemen (No. 40) are all hereby DISMISSED with prejudice, with each party to bear their own attorneys' fees and costs. Signed by Judge Rodolfo A. Ruiz, II on 10/9/2024. See attached document for full details. (nn00) (Entered: 10/09/2024)

2024-10-09

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ORDER granting 85 Motion for Default Judgment as to Certain Defendants. Signed by Judge Rodolfo A. Ruiz, II on 10/10/2024. See attached document for full details. (nn00) (Entered: 10/10/2024)

2024-10-10

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DEFAULT JUDGMENT AS TO CERTAIN DEFENDANTS. 85 Plaintiff's Motion for Default Final Judgment was granted with respect to the Defaulting Defendants by separate Order 89 . Signed by Judge Rodolfo A. Ruiz, II on 10/10/2024. See attached document for full details. (nn00) (Entered: 10/10/2024)

2024-10-10

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NOTICE of Compliance and Status Report Joint by XYZ Corporation re 78 Order,,, (Rubio, Humberto) (Entered: 10/15/2024)

2024-10-15

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 10/15/2024)

2024-10-15

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SATISFACTION OF JUDGMENT as to ARCFONY (Defendant No. 1) and Luckyweld (Defendant No. 4) by XYZ Corporation (Rubio, Humberto) (Entered: 10/15/2024)

2024-10-15

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PAPERLESS ORDER on 92 Notice of Voluntary Dismissal as to Defendant (15) FlameWeld Store. The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant (15) is dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 10/15/2024. (nn00) (Entered: 10/15/2024)

2024-10-15

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Order Dismissing Party

2024-10-15

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PAPERLESS ORDER setting Status Conference and Hearing regarding 55 Expedited Motion to Dismiss via Zoom on Monday, October 21, 2024, at 2:00 P.M.. The Zoom hearing can be accessed at https://www.zoomgov.com/j/1604308760?pwd=1LP3aF5KLYXCKI0WE0oSg7E4t9pGkn.1. Meeting ID: 160 430 8760Passcode: 238587 Signed by Judge Rodolfo A. Ruiz, II on 10/17/2024. (nn00) (Entered: 10/17/2024)

2024-10-17

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 10/17/2024)

2024-10-17

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PAPERLESS ORDER on 96 Notice of Voluntary Dismissal as to Defendant (10) Ceeye. The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant (10) is dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 10/17/2024. (nn00) (Entered: 10/17/2024)

2024-10-17

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Order Setting Hearing on Motion AND Order Setting Status Conference

2024-10-17

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Order Dismissing Party

2024-10-17

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PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz II: Zoom Motion Hearing held on 10/21/2024 re 55 Expedited Motion to Dismiss, Strike and/or for More Definite Statement. Order to follow. Attorney Appearance(s): Peter Andrew Koziol, Humberto Rubio, Jr, Felipe Rubio, David A. Gottardo, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (gp) (Entered: 10/21/2024)

2024-10-21

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MOTION Hearing or Evidentiary Motion Hearing

2024-10-21

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PPAPERLESS ORDER granting in part 55 SAD Defendants' Expedited Motions to Dismiss, Strike, and Motion for More Definite Statement ("Motion"). Upon 98 oral argument on October 21, 2024, and having considered the 55 Motion, 70 Response, and 73 Reply, it is hereby ORDERED AND ADJUDGED as follows. Plaintiff has sufficiently pled a claim for design patent infringement to defeat a 12(b)(6) motion. In Hall v. Bed, Bath & Beyond, the Eleventh Circuit outlined five elements of a patent infringement pleading: "i) allege ownership of the patent, ii) name each defendant, (iii) cite the patent that is allegedly infringed, iv) state the means by which the defendant allegedly infringes, and v) point to the sections of the patent law invoked." 705 F.3d 1357, 1362 (Fed. Cir. 2013). Here, Plaintiff has pled each element in its Complaint by i) alleging ownership of the Patent, ECF No. 7 at 2, 20, 38-40; ii) naming each Defendant in Schedule A to the First Amended 8 Complaint, ECF No. [7-2]; iii) citing to the infringed Patent, ECF No. 7 at 2; iv) describing the means by which the SAD Defendants infringe, [id.] at 3, 17, 22, 24, 25-27, 29, 42-46; and v) pointing to the specific sections of the patent law invoked, [id.] at 45. None of Defendants' other reasons for dismissing the Complaint--joinder and jurisdiction--are persuasive. Defendants are properly joined based on the allegations in the Complaint. Defendants may be joined if their claims (i) arise out of the same transactions or occurrences and (ii) share common legal and factual elements among them. It is evident on the Complaint's face that the claims arise out of the same transactions, as the Defendants' products are "confusingly similar copies." ECF No. 7 at 25. And the fact that Defendants are represented by counsel and coordinate activities together suggests that there is a "substantial evidentiary overlap in the facts giving rise to the cause of action." In re EMC Corp., 677 F.3d 1351, 1356 (Fed. Cir. 2012). Because Defendants each sell the same product, and that product is "confusingly similar" to the patented design, infringement as to one defendant will likely apply to infringement as to all defendants. Defendants are correct to point out that Plaintiff has failed to plead allegations sufficient to obtain past damages for patent infringement. As Defendants note, "[p]ursuant to 35 U.S.C. § 287(a), a patentee who makes or sells a patented article must mark his articles or notify infringers of his patent in order to recover damages." Arctic Cat, Inc. v. Bombardier Recreational Prods., 876 F.3d 1350, 1365 (Fed. Cir. 2020). The patentee--here, Plaintiff--"bears the burden of pleading and proving he complied with § 287(a)'s marking requirement." Id. at 1366. The marking statute specifically provides that Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or by fixing thereon the word "patent" or the abbreviation "pat." together with an address of a posting on the Internet, accessible to the public without charge for accessing the address, that associates the patented article with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. 35 U.S.C. § 287(a). See also Lans v. Dig. Equip. Corp., 252 F.3d 1320, 1328 (Fed. Cir. 2001) (holding that failing to allege proper marking also fails to state "a claim on which relief may be granted"). There is no allegation in the Complaint that Plaintiff marked its product or otherwise complied with the statute. And the statute requires that Plaintiff must affirmatively plead compliance with the marking statute. See, e.g., Express Mobile, Inc. v. Liquid Web, LLC, No. 18-01177, 2019 WL 1596999, at 2 (D. Del. Apr. 15, 2019); Seoul Semiconductor Co. v. Finelite, Inc., No. 22-02869, 2023 WL 7106480, at 3 (N.D. Cal. Jan. 27, 2023). Because Plaintiff has failed to state a claim for pre-suit damages, the Court STRIKES Sections F and G of the Complaint. See Seoul Semiconductor, 2023 WL 7106480, at 9.Plaintiff may amend its Complaint by November 5, 2024, in accordance with this Order. See Seoul Semiconductor, 2023 WL 7106480, at 9 (dismissing pre-suit damages for patent infringement counts with leave to amend). Signed by Judge Rodolfo A. Ruiz, II on 10/22/2024. (nn00) (Entered: 10/22/2024)

2024-10-22

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 10/22/2024)

2024-10-22

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Joint Scheduling Report. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2024. See attached document for full details. (nn00) (Entered: 10/22/2024)

2024-10-22

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Order on Motion for More Definite Statement AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Strike

2024-10-22

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PPAPERLESS ORDER on 100 Notice of Voluntary Dismissal as to Defendant (32) YOMILINK USA. The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant (32) is dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 10/23/2024. (nn00) (Entered: 10/23/2024)

2024-10-23

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Order Dismissing Party

2024-10-23

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NOTICE of Settlement and Unopposed Motion to Suspend Proceedings as to Certain Defendants Only by XYZ Corporation (Attachments: # 1 Text of Proposed Order Proposed Order) (Rubio, Humberto) (Entered: 10/25/2024)

2024-10-25

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PAPERLESS ORDER requiring Status Report as to remaining Defendants. Upon the Court's review of the docket, it appears that Defendant FinderS was properly served on September 2, 2024 and was required to answer by September 23, 2024. See 32 . Defendant FinderS has not answered the Complaint and appears to be the sole Defendant who has not settled or been dismissed from this action. See 48, 50, 59, 82, 84, 88, 94, 102 . Plaintiff shall provide a status report to the Court by Monday, October 28, 2024, advising the Court on which--if any--Defendants remain. Signed by Judge Rodolfo A. Ruiz, II on 10/25/2024. (nn00) (Entered: 10/25/2024)

2024-10-25

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- Order (PAPERLESS or pdf attached)

2024-10-25

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Administrative Order Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 10/25/2024. See attached document for full details. (nn00) (Entered: 10/26/2024)

2024-10-26

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FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Supplement Order Administratively Closing Case) (ls) (Entered: 10/28/2024)

2024-10-28

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 10/28/2024)

2024-10-28

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SATISFACTION OF JUDGMENT as to Defendants, US-JUNYUN (Defendant No. 27) and haserali (Defendant No. 48) by XYZ Corporation (Rubio, Humberto) (Entered: 10/28/2024)

2024-10-28

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PAPERLESS ORDER on 107 Notice of Voluntary Dismissal as to Defendant (14) FinderS. The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant (14) is dismissed from this action with prejudice.As mentioned in 104 the Court's Paperless Order on October 25, 2024, Defendant (14) FinderS was the sole Defendant who had not settled or been dismissed from this action. As all Defendants have now settled or been dismissed from this case, the Clerk of Court is directed to CLOSE this case. Signed by Judge Rodolfo A. Ruiz, II on 10/28/2024. (nn00) (Entered: 10/28/2024)

2024-10-28

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STATUS REPORT by XYZ Corporation (Rubio, Humberto) (Entered: 10/28/2024)

2024-10-28

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Order Dismissing/Closing Case or Party

2024-10-28

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STIPULATION of Dismissal Joint by XYZ Corporation (Rubio, Humberto) (Entered: 11/11/2024)

2024-11-11

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SATISFACTION OF JUDGMENT as to around_photo_sound (Defendant No. 45) by XYZ Corporation (Rubio, Humberto) (Entered: 11/12/2024)

2024-11-12

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Order Dismissing Defendants Jinyu NIU (No. 3), Vilstomes (No. 5), Ander Wan (No. 7), auto-hill (No. 8), deAccessories (No. 12), Filluck shop (No. 13), HANNE MEOW (No. 17), LAZMUMI (No. 21), Mrolife (No. 22), speedingd (No. 26), YCLTDD (No. 29), Hilinego (No. 34), Joinfworld (No. 35), YuanCkuyo (No. 38), Jaap Autotek (No. 42), best-homepro (No. 46), spau-1512 (No. 47), uassaday (No. 49), scdegr_1 (No. 50), SmarketBuy (No.251), and PetPals Shop (No. 52) with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/12/2024. See attached document for full details. (nn00) (Entered: 11/12/2024)

2024-11-12

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NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Rubio, Humberto) (Entered: 11/21/2024)

2024-11-21

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SATISFACTION OF JUDGMENT as to muendianzi (Defendant No. 23) by XYZ Corporation (Rubio, Humberto) (Entered: 11/21/2024)

2024-11-21

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Order Dismissing Defendant Besfor (No. 37) with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/21/2024. See attached document for full details. (nn00) (Entered: 11/21/2024)

2024-11-21

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SATISFACTION OF JUDGMENT as to Zham (Defendant No. 43) by XYZ Corporation (Rubio, Humberto) (Entered: 12/11/2024)

2024-12-11

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SATISFACTION OF JUDGMENT as to kendo8 (Defendant No. 20) by XYZ Corporation (Rubio, Humberto) (Entered: 03/03/2025)

2025-03-03

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Overview

Parties

Defendant

Shanghai Win Trade Follow

Represented By

Shenzhen Unite Welding Machinery Co., Ltd. Follow

Represented By

Chengguantangli Village, Zhugang Town, Yuhuan County Follow

Represented By

Shenzhen Yiruitonghe Technology Co., Ltd. Follow

Represented By

Shenzhen Xiaoao Gongchuang Technology Co., Ltd. Follow

Represented By

World Trade Follow

Represented By

Yueqing Kunyuan Trading Co., Ltd. Follow

Represented By

Yichang Bingpeng Trading Co., Ltd. Follow

Represented By

Wuhan Zhongyou E-Commerce Co., Ltd. Follow

Represented By

Shanghai Renhong Industry and Trade Co., Ltd. Follow

Represented By

Ningbo Chenshi Information Technology Co., Ltd. Follow

Represented By

Shenzhen Maoniduoduo Technology Co., Ltd. Follow

Represented By

Guangzhou Little Raccoon Technology Co., Ltd. Follow

Represented By

Yiwu Tik E-commerce Co., Ltd. Follow

Represented By

Shenzhen Chaofan Technology Co., Ltd. Follow

Represented By

Chongqing Cheyan E-commerce Co., Ltd. Follow

Represented By

Yiwu Xiangchu E-commerce Co., Ltd. Follow

Represented By

Atom International Trading Co., Ltd. Follow

Represented By

Changzhou Geheng Machinery Equipment Co., Ltd. Follow

Represented By

Henan Zhimei Innovation Network Technology Co., Ltd. Follow

Represented By

Zhongshansh taikongren dianzkeji youxiamgongsi Follow

Represented By

Spacemen Store Follow

Represented By

TOOLIOM Follow

Represented By

PetPals Shop Follow

Represented By

SmarketBuy Follow

Represented By

scdegr_1 Follow

Represented By

uassaday Follow

Represented By

haserali Follow

Represented By

spau-1512 Follow

Represented By

best-homepro Follow

Represented By

around_photo_sound Follow

Represented By

Subtipy Follow

Represented By

Zham Follow

Represented By

Jaap Autotek Follow

Represented By

GUANZHOU AILAITE Follow

Represented By

Yanshaja Follow

Represented By

YuanCkuyo Follow

Represented By

Besfor Follow

Represented By

Shanghai Win Trade

Shenzhen Unite Welding Machinery Co., Ltd.

Chengguantangli Village, Zhugang Town, Yuhuan County

Shenzhen Yiruitonghe Technology Co., Ltd.

Shenzhen Xiaoao Gongchuang Technology Co., Ltd.

World Trade

Yueqing Kunyuan Trading Co., Ltd.

Yichang Bingpeng Trading Co., Ltd.

Wuhan Zhongyou E-Commerce Co., Ltd.

Shanghai Renhong Industry and Trade Co., Ltd.

Ningbo Chenshi Information Technology Co., Ltd.

Shenzhen Maoniduoduo Technology Co., Ltd.

Guangzhou Little Raccoon Technology Co., Ltd.

Yiwu Tik E-commerce Co., Ltd.

Shenzhen Chaofan Technology Co., Ltd.

Chongqing Cheyan E-commerce Co., Ltd.

Yiwu Xiangchu E-commerce Co., Ltd.

Atom International Trading Co., Ltd.

Changzhou Geheng Machinery Equipment Co., Ltd.

Henan Zhimei Innovation Network Technology Co., Ltd.

Zhongshansh taikongren dianzkeji youxiamgongsi

Spacemen Store

TOOLIOM

PetPals Shop

SmarketBuy

scdegr_1

uassaday

haserali

spau-1512

best-homepro

around_photo_sound

Subtipy

Zham

Jaap Autotek

GUANZHOU AILAITE

Yanshaja

YuanCkuyo

Besfor

FROSTYRIDER

Joinfworld

Hilinego

YOMILINK USA

YOCAGO

Yilide

YCLTDD

vvoodeinck

US-JUNYUN

speedingd

SeacanDirect

ROSEINRUG

muendianzi

Mrolife

LAZMUMI

kendo8

HZXVOGEN

Hefeng Direct

HANNE MEOW

GTYORUS

FlameWeld Store

FinderS

Filluck shop

deAccessories

CircleCord

Ceeye

Basvacsh-US

auto-hill

Ander Wan

Addlon Lighting

Vilstomes

Luckyweld

Jinyu NIU

Hynade USA

ARCFONY