最近更新：2025-03-09
2025-cv-00058
| 日期 | 描述 |
|---|---|
| 02/26/2025 | ORDER: 1. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and 35 U.S.C. � 283. a. Accordingly, Merchant Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: i. making, using, selling, offering for sale, or importing any of the Infringing Products, or any other products that infringe the '228 Patent; ii. shipping, delivering, hold for sale, transferring or otherwise moving, storing, distributing, and returning or otherwise disposing of any of the Infringing Products, or any other products that infringe the '228 Patent; iii. transferring ownership of their online stores, user accounts with online marketplaces, or Seller IDs, or creating new seller accounts, online stores, and user accounts with online marketplaces under the Merchant Defendants' names or new aliases, for the purpose of circumventing the prohibitions in this Order; and iv. deleting, altering, concealing, or destroying any computer files, data or documents relating to the Infringing Products. b. Accordingly, Merchant Defendants and all persons in active concert and participation with them who receive actual notice of this Order, including the Third Party Service Providers who satisfy those requirements are restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: i. Instructing, aiding or abetting Merchant Defendants and/or any person or business entity to engage in any of the activities referred to in subparagraphs 1(a)(i) through 1(a)(iv), including, without limitation, by providing services necessary for Merchant Defendants to re-list, advertise, market, promote, sell, and/or ship Infringing Products in violation of this Order. 2. As sufficient cause has been shown, the asset and account restraint granted in the TRO shall remain in place through the pendency of this litigation, including that: a. within five (5) days of receipt of notice of this Order, any newly discovered Financial Service Providers who are served with this Order shall locate all accounts associated with Merchant Defendants and any other assets such as cryptocurrency belonging to the Merchant Defendants, attach and restrain the transfer of funds from said accounts as well as the transfer or disposing of said assets, and shall provide written confirmation of their compliance with the foregoing to Plaintiff's counsel.3. As sufficient cause has been shown, the expedited discovery previously granted in the TRO shall remain in place through the pendency of this litigation, including that Online Marketplaces and Financial Service Providers shall provide the following information to Plaintiff's counsel to the extent such information is in their relative possession, custody, or control: a. identifying information for each Defendant identified in Schedule A to the Complaint, and all available contact information for each Defendant, including the same information for any and all entities or persons related, connected, or otherwise associated with each Defendant; b. for each of Defendants' financial/asset accounts, the account numbers and current account balances, and all identifying information for individuals and entities associated with such accounts (including the names, addresses, and other contact information associated with the accounts, the account application, and signature cards) and the same information for any and all related, connected, or otherwise associated accounts and assets; and c. sales records for the sale of the Infringing Products, including number of units sold, price per unit, total gross revenues received, and the dates thereof. 4. Merchant Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order. Any act in violation of this Order by Merchant Defendants or any one of them, or by any persons in active concert or participation with Merchant Defendants who have actual notice of this Order, may be considered and prosecuted as in contempt of this Court. 5. The $25,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 6. This Order shall remain in effect during the pendency of this action, or until further order of the Court. 7. Any Merchant Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. 8. Plaintiff shall submit a status update and proposed next steps letter within sixty days from the date of this Order. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/26/2025) |
| 02/19/2025 | ORDER: The Sealing Order, dated January 21, 2025 (ECF No. 13), was extended once on February 5, 2025, to expire on February 19, 2025. See ECF No. 15. In light of the outstanding issues regarding service on some of the Defendants, the documents shall now remain sealed until February 26, 2025. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/19/2025) |
| 02/18/2025 | Minute Entry for proceedings held before Judge Jeannette A. Vargas: Order to Show Cause Hearing on Plaintiffs Motion for a Preliminary Injunction held on 2/18/2025. Present were Jessica Flatham for the plaintiff, as well as Declarant Fuxing Zhuo and Chinese Interpreter Felicia Liu, via Microsoft TEAMS. (Court Reporter Lisa O'Brien) |
| 02/14/2025 | ORDER granting 16 Motion for Oral Argument. Plaintiffs request for the declarant to appear at the hearing on February 18, 2025, remotely by video is GRANTED. The Clerk of Court is respectfully directed to terminate ECF No. 16. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/14/2025) |
| 02/12/2025 | CASHIERS OFFICE REMARK on [13] Order to Show Cause, in the amount of $25,000, paid on 2/11/2025, Receipt Number NYSCCA25-00175. |
| 02/12/2025 | LETTER MOTION for Oral Argument (for Plaintiffs Witness to Appear for Cross- Examination at the February 18, 2025 Hearing Remotely) addressed to Judge Jeannette A. Vargas from Jessica Fleetham dated 02/12/2025. Document filed by Ningbo Langyan Agel E-Commerce LTD. |
| 02/05/2025 | MEMO ENDORSEMENT on re: 14 Letter filed by Ningbo Langyan Agel E-Commerce LTD. ENDORSEMENT: Plaintiff's request to extend the Sealing Order, dated January 21, 2025 (ECF No. 13), is GRANTED. The documents shall remain sealed until February 19, 2025. The Court appreciates Plaintiff's update regarding the delay with bond payment. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/5/2025) |
| 02/04/2025 | LETTER addressed to Judge Jeannette A. Vargas from Jessica Fleetham dated 02/04/2025 re: Continuing Need for Sealing. Document filed by Ningbo Langyan Agel E-Commerce LTD. 附件： 1:Exhibit Exhibit G - Proof of Service 2:Exhibit Exhibit F - Proof of Service 3:Exhibit Exhibit C - Proof of Service 4:Exhibit Exhibit E - Proof of Service 5:Exhibit Exhibit D - Proof of Service 6:Exhibit Exhibit A - Proof of Service 7:Exhibit Exhibit B - Proof of Service |
| 01/21/2025 | 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND ACCOUNTS; 3) ORDER AUTHORIZING EXPEDITED DISCOVERY; 4) SEALING ORDER AND 5) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE: Plaintiff's Motion is hereby GRANTED and it is hereby ORDERED that: The Merchant Defendants are hereby enjoined and restrained from engaging in any of the following acts or omissions herein for twenty-eight days. Plaintiff shall deposit with the Court security in the amount of twenty-five thousand dollars ($25,000), which amount is determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. The Merchant Defendants are hereby ORDERED to appear before this Court at 2:30 p.m. on February 18, 2025, at Courtroom 14C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007, and show cause as to why a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 should not issue. The Merchant Defendants are on notice that failure to appeal at the hearing may result in imposition of a preliminary injunction against them. Opposing papers, if any, are to be filed electronically with the Court by February 12, 2025, and shall be served on Plaintiff's counsel Jessica Fleetham via email at jessica@evialaw.com. Plaintiff shall file any reply papers by February 14, 2025. The Clerk of Court is directed to terminate ECF Nos. 9 and 10. The Clerk of the Court is directed to restrict the viewing level of Appendix A to case participants and court users. (As further set forth herein.) Show Cause Hearing set for 2/18/2025 at 02:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. Show Cause Response due by 2/12/2025. (Signed by Judge Jeannette A. Vargas on 1/21/2025) (kgo) Transmission to Finance Unit (Cashiers) for processing. (Additional attachment(s) added on 1/21/2025: # 1 Exhibit A) |
| 01/16/2025 | ***EX-PARTE***REDACTION by Ningbo Langyan Agel E-Commerce LTDMotion or Order to File Under Seal: 10. |
| 01/16/2025 | ***EX-PARTE***REDACTION by Ningbo Langyan Agel E-Commerce LTDMotion or Order to File Under Seal: 10. |
| 01/16/2025 | LETTER MOTION to Seal Schedule A to Amended Complaint and Exhibit 2 to Amended Motion addressed to Judge Jeannette A. Vargas from Jessica Fleetham dated 01/16/2025. Document filed by Ningbo Langyan Agel E-Commerce LTD. |
| 01/16/2025 | AMENDED MOTION for Temporary Restraining Order., MOTION for Preliminary Injunction., MOTION for Discovery to be Expedited. Document filed by Ningbo Langyan Agel E-Commerce LTD. 附件： 1:Exhibit Exhibit 1 - Declaration in Support 2:(Proposed Order Proposed Order). (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| 01/16/2025 | AMENDED COMPLAINT amending 1 Complaint, against The Corporations, Limited Liability Companies Partnerships and Unincorporated Associations Identified on Schedule A with JURY DEMAND.Document filed by Ningbo Langyan Agel E-Commerce LTD. Related document: 1 Complaint. 附件： 1:(Exhibit Exhibit 2 - USD1042622) 2:Exhibit Exhibit 1 - USD1038228 |
| 01/10/2025 | Minute Entry for proceedings held before Judge Jeannette A. Vargas: Motion Hearing held on 1/10/2025. Jessica Fleetham present for Plaintiff. Court's decision: Ex parte TRO denied without prejudice for resubmissions. Leave to amend complaint and papers granted. (Court Reporter Rebecca Forman) |
| 01/10/2025 | SEALED DOCUMENT placed in vault. |
| 01/08/2025 | ORDER FOR ADMISSION PRO HAC VICE granting [4] Motion for Jessica Fleetham to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jeannette A. Vargas on 1/8/2025) |
| 01/08/2025 | ORDER: It is hereby ORDERED that a conference has been scheduled with respect to Plaintiff's ex parte motion for a temporary restraining order and expedited discovery. The conference will take place on January 10, 2025, at 2:30 p.m., in Courtroom 14C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. Motion Hearing set for 1/10/2025 at 02:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. (Signed by Judge Jeannette A. Vargas on 1/8/2025) |
| 01/08/2025 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [4] MOTION for Jessica Fleetham to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. |
| 01/08/2025 | MOTION for Jessica Fleetham to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ningbo Langyan Agel E-Commerce LTD. 附件： 1:Affidavit Exhibit 1 - Affidavit of J Fleetham 2:Exhibit Exhibit 2 - J Fleetham Certificate of Good Standing 3:Proposed Order Proposed Order |
| 01/07/2025 | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [3] MOTION for Jessica Fleetham to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-30422794. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. |
| 01/07/2025 | MOTION for Jessica Fleetham to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-30422794. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ningbo Langyan Agel E-Commerce LTD. 附件： 1:Affidavit Exhibit 1 - Affidavit of J Fleetham 2:Exhibit Exhibit 2 - J Fleetham Certificate of Good Standing 3:Proposed Order Proposed Order |
| 01/03/2025 | CIVIL COVER SHEET filed.(gp) |
| 01/03/2025 | ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Steven Craig Susser for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document [1] Complaint, Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. |
| 01/03/2025 | Case Designated ECF. |
| 01/03/2025 | Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. |
| 01/03/2025 | COMPLAINT against The Corporations, Limited Liability Companies Partnerships and Unincorporated Associations Identified on Schedule A. (Filing Fee $ $405.00, Receipt Number 35854)Document filed by Ningbo Langyan Agel E-Commerce LTD.(gp) |
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