最近更新：2024-12-30
2024-cv-22237
| 日期 | 描述 |
|---|---|
| 12/11/2024 | SATISFACTION OF JUDGMENT as to Zham (Defendant No. 43) by XYZ Corporation |
| 11/21/2024 | 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) |
| 11/21/2024 | SATISFACTION OF JUDGMENT as to muendianzi (Defendant No. 23) by XYZ Corporation |
| 11/21/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 11/12/2024 | 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) |
| 11/12/2024 | SATISFACTION OF JUDGMENT as to around_photo_sound (Defendant No. 45) by XYZ Corporation |
| 11/11/2024 | STIPULATION of Dismissal Joint by XYZ Corporation |
| 10/28/2024 | STATUS REPORT by XYZ Corporation |
| 10/28/2024 | 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) |
| 10/28/2024 | SATISFACTION OF JUDGMENT as to Defendants, US-JUNYUN (Defendant No. 27) and haserali (Defendant No. 48) by XYZ Corporation |
| 10/28/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 10/28/2024 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 附件： 1:(Supplement Order Administratively Closing Case) (ls) |
| 10/26/2024 | Administrative Order Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 10/25/2024. See attached document for full details. (nn00) |
| 10/25/2024 | 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) |
| 10/25/2024 | - Order (PAPERLESS or pdf attached) |
| 10/25/2024 | NOTICE of Settlement and Unopposed Motion to Suspend Proceedings as to Certain Defendants Only by XYZ Corporation 附件： 1:(Text of Proposed Order Proposed Order) |
| 10/23/2024 | 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) |
| 10/22/2024 | Joint Scheduling Report. Signed by Judge Rodolfo A. Ruiz, II on 10/21/2024. See attached document for full details. (nn00) |
| 10/22/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 10/22/2024 | 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) |
| 10/21/2024 | 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. |
| 10/17/2024 | 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) |
| 10/17/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 10/17/2024 | 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 8760 Passcode: 238587 Signed by Judge Rodolfo A. Ruiz, II on 10/17/2024. (nn00) |
| 10/15/2024 | 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) |
| 10/15/2024 | SATISFACTION OF JUDGMENT as to ARCFONY (Defendant No. 1) and Luckyweld (Defendant No. 4) by XYZ Corporation |
| 10/15/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 10/15/2024 | NOTICE of Compliance and Status Report Joint by XYZ Corporation re 78 Order |
| 10/10/2024 | 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) |
| 10/10/2024 | 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) |
| 10/09/2024 | 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) |
| 10/09/2024 | STIPULATION of Dismissal Joint by XYZ Corporation |
| 10/09/2024 | STIPULATION of Dismissal Joint by XYZ Corporation |
| 10/07/2024 | Plaintiff's MOTION for Default Judgment by XYZ Corporation. 附件： 1:Text of Proposed Order Proposed Final Judgment 2:Text of Proposed Order Proposed Order Default Judgment 3:Exhibit Exhibit A - HR Dec 4:Exhibit Schedule A |
| 10/07/2024 | 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) |
| 10/05/2024 | 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 |
| 10/04/2024 | Attorney David A. Gottardo representing Zhongshansh taikongren dianzkeji youxiamgongsi (Defendant) Activated. Terminated in error. |
| 10/04/2024 | 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) |
| 10/04/2024 | Reset Response/Answer Due Deadline: TOOLIOM response/answer due 10/13/2024. (ls)(per DE #81) |
| 10/03/2024 | 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) |
| 10/03/2024 | 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) |
| 10/03/2024 | 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) |
| 10/03/2024 | 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) |
| 10/03/2024 | Unopposed MOTION to Vacate 65 Clerk's Entry/Non-Entry of Default, by TOOLIOM. Responses due by 10/17/2024. |
| 10/03/2024 | NOTICE of Attorney Appearance by Jianyin Liu on behalf of TOOLIOM. Attorney Jianyin Liu added to party TOOLIOM(pty:dft). |
| 10/03/2024 | Attorney Peter Andrew Koziol representing CircleCord (Defendant) and YOMILINK USA (Defendant) and Besfor (Defendant); terminated. (ls)(per DE #79) |
| 10/03/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 10/03/2024 | 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). 附件： 1:(Exhibit lexis search "substantially similar reflection") |
| 10/02/2024 | RESPONSE to Motion re [72] Defendant's MOTION to Expedite MOTION for clarification [57] Order, MOTION Excuse/Permit David Gottardo to Appear as the Defendants Representative With Full Settlement Authority at the Informal Settlement Conference and other relief re [57] Order, filed by XYZ Corporation. Replies due by 10/9/2024. 附件： 1:Exhibit Exhibit B 2:Exhibit Exhibit A |
| 10/02/2024 | Defendant's MOTION to Expedite, MOTION for clarification [57] Order, (Responses due by 10/16/2024.), MOTION Excuse/Permit David Gottardo to Appear as the Defendants Representative With Full Settlement Authority at the Informal Settlement Conference and other relief re [57] Order, by Ander Wan, Atom International Trading Co., Ltd. d/b/a Ander Wan and Jaap Autotek, Ceeye, Changzhou Geheng Machinery Equipment Co., Ltd. d/b/a Vilstomes, Chengguantangli Village, Zhugang Town, Yuhuan County d/b/a spau-1512, Chongqing Cheyan E-commerce Co., Ltd. d/b/a Ceeye, Filluck shop, FlameWeld Store, Guangzhou Little Raccoon Technology Co., Ltd. d/b/a FlameWeld Store, HANNE MEOW, Henan Zhimei Innovation Network Technology Co., Ltd. d/b/a Jiny NIU, Hilinego, Jinyu NIU, Joinfworld, LAZMUMI, Mrolife, Ningbo Chenshi Information Technology Co., Ltd. d/b/a LAZMUMI, PetPals Shop, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a Mrolife, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a SmarketBuy, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a best-homepro, Shanghai Win Trade d/b/a PetPals Shop, Shenzhen Chaofan Technology Co., Ltd. d/b/a deAccessories, Shenzhen Maoniduoduo Technology Co., Ltd. d/b/a HANNE MEOW, Shenzhen Unite Welding Machinery Co., Ltd. d/b/a uassaday, Shenzhen Xiaoao Gongchuang Technology Co., Ltd. d/b/a YuanCkuyo, Shenzhen Yiruitonghe Technology Co., Ltd. d/b/a Spacemen Store, SmarketBuy, Vilstomes, World Trade d/b/a Besfor, Wuhan Zhongyou E-Commerce Co., Ltd. d/b/a Speedingd, YCLTDD, Yichang Bingpeng Trading Co., Ltd. d/b/a YCLTDD, Yiwu Tik E-commerce Co., Ltd. d/b/a Filluck Shop, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a auto-hill, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a scdegr_1, YuanCkuyo, Yueqing Kunyuan Trading Co., Ltd. d/b/a Hilinego, auto-hill, 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). |
| 10/02/2024 | 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. 附件： 1:Text of Proposed Order |
| 10/01/2024 | 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. |
| 09/27/2024 | 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. |
| 09/27/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 09/26/2024 | ANSWER and Affirmative Defenses to Complaint with Jury Demand and Amended Complaint [DE 7] by Yilide. |
| 09/26/2024 | ORDER Requiring Motion for Default Judgment. Signed by Judge Rodolfo A. Ruiz, II on 9/26/2024. See attached document for full details. |
| 09/26/2024 | 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. |
| 09/26/2024 | 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. |
| 09/25/2024 | 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. |
| 09/25/2024 | MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by Yilide. |
| 09/25/2024 | 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. 附件： 1:(Text of Proposed Order Default Order) 2:Exhibit Declaration 3:Exhibit Schedule A |
| 09/25/2024 | 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. |
| 09/25/2024 | Reset Response/Answer Due Deadline: Yilide response/answer due on or before 10/5/2024. (ls)(per DE #63) |
| 09/25/2024 | 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. |
| 09/24/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 09/24/2024 | 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. |
| 09/24/2024 | Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by 10, Chongqing Cheyan E-commerce Co., Ltd. d/b/a Ceeye, 12, Shenzhen Chaofan Technology Co., Ltd. d/b/a deAccessories, 13, Yiwu Tik E-commerce Co., Ltd. d/b/a Filluck Shop, 15, Guangzhou Little Raccoon Technology Co., Ltd. d/b/a FlameWeld Store, 17, Shenzhen Maoniduoduo Technology Co., Ltd. d/b/a HANNE MEOW, 21, Ningbo Chenshi Information Technology Co., Ltd. d/b/a LAZMUMI, 22, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a Mrolife, 26, Wuhan Zhongyou E-Commerce Co., Ltd. d/b/a Speedingd, 29, Yichang Bingpeng Trading Co., Ltd. d/b/a YCLTDD, 3, Henan Zhimei Innovation Network Technology Co., Ltd. d/b/a Jiny NIU, 34, Yueqing Kunyuan Trading Co., Ltd. d/b/a Hilinego, 35, World Trade d/b/a Besfor, 38, Shenzhen Xiaoao Gongchuang Technology Co., Ltd. d/b/a YuanCkuyo, 40, Shenzhen Yiruitonghe Technology Co., Ltd. d/b/a Spacemen Store, 46, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a best-homepro, 47, Chengguantangli Village, Zhugang Town, Yuhuan County d/b/a spau-1512, 49, Shenzhen Unite Welding Machinery Co., Ltd. d/b/a uassaday, 5, Changzhou Geheng Machinery Equipment Co., Ltd. d/b/a Vilstomes, 50, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a scdegr_1, 51, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a SmarketBuy, 52, Shanghai Win Trade d/b/a PetPals Shop, 7, 42, Atom International Trading Co., Ltd. d/b/a Ander Wan and Jaap Autotek, 8, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a auto-hill |
| 09/24/2024 | MOTION TO DISMISS [52] Expedited MOTION TO DISMISS [7] Sealed Document FOR FAILURE TO STATE A CLAIM Motion to Strike [7] Sealed DocumentMotion for More Definite Statement, [7] Sealed Document FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction [52] Expedited MOTION TO DISMISS [7] Sealed Document FOR FAILURE TO STATE A CLAIM Motion to Strike [7] Sealed DocumentMotion for More Definite Statement, [7] Sealed Document, MOTION to Strike [7] Sealed Document (Responses due by 10/8/2024.), MOTION to Expedite by 3, Henan Zhimei Innovation Network Technology Co., Ltd. d/b/a Jiny NIU, 5, Changzhou Geheng Machinery Equipment Co., Ltd. d/b/a Vilstomes, 7, 42, Atom International Trading Co., Ltd. d/b/a Ander Wan and Jaap Autotek, 8, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a auto-hill, 10, Chongqing Cheyan E-commerce Co., Ltd. d/b/a Ceeye, 12, Shenzhen Chaofan Technology Co., Ltd. d/b/a deAccessories, 13, Yiwu Tik E-commerce Co., Ltd. d/b/a Filluck Shop, 15, Guangzhou Little Raccoon Technology Co., Ltd. d/b/a FlameWeld Store, 17, Shenzhen Maoniduoduo Technology Co., Ltd. d/b/a HANNE MEOW, 21, Ningbo Chenshi Information Technology Co., Ltd. d/b/a LAZMUMI, 22, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a Mrolife, 26, Wuhan Zhongyou E-Commerce Co., Ltd. d/b/a Speedingd, 29, Yichang Bingpeng Trading Co., Ltd. d/b/a YCLTDD, 34, Yueqing Kunyuan Trading Co., Ltd. d/b/a Hilinego, 35, World Trade d/b/a Besfor, 38, Shenzhen Xiaoao Gongchuang Technology Co., Ltd. d/b/a YuanCkuyo, 40, Shenzhen Yiruitonghe Technology Co., Ltd. d/b/a Spacemen Store, 46, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a best-homepro, 47, Chengguantangli Village, Zhugang Town, Yuhuan County d/b/a spau-1512, 49, Shenzhen Unite Welding Machinery Co., Ltd. d/b/a uassaday, 50, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a scdegr_1, 51, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a SmarketBuy, 52, Shanghai Win Trade d/b/a PetPals Shop. Attorney Peter Andrew Koziol added to party 3, Henan Zhimei Innovation Network Technology Co., Ltd. d/b/a Jiny NIU(pty:dft), Attorney Peter Andrew Koziol added to party 5, Changzhou Geheng Machinery Equipment Co., Ltd. d/b/a Vilstomes(pty:dft), Attorney Peter Andrew Koziol added to party 7, 42, Atom International Trading Co., Ltd. d/b/a Ander Wan and Jaap Autotek(pty:dft), Attorney Peter Andrew Koziol added to party 8, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a auto-hill(pty:dft), Attorney Peter Andrew Koziol added to party 10, Chongqing Cheyan E-commerce Co., Ltd. d/b/a Ceeye(pty:dft), Attorney Peter Andrew Koziol added to party 12, Shenzhen Chaofan Technology Co., Ltd. d/b/a deAccessories(pty:dft), Attorney Peter Andrew Koziol added to party 13, Yiwu Tik E-commerce Co., Ltd. d/b/a Filluck Shop(pty:dft), Attorney Peter Andrew Koziol added to party 15, Guangzhou Little Raccoon Technology Co., Ltd. d/b/a FlameWeld Store(pty:dft), Attorney Peter Andrew Koziol added to party 17, Shenzhen Maoniduoduo Technology Co., Ltd. d/b/a HANNE MEOW(pty:dft), Attorney Peter Andrew Koziol added to party 21, Ningbo Chenshi Information Technology Co., Ltd. d/b/a LAZMUMI(pty:dft), Attorney Peter Andrew Koziol added to party 22, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a Mrolife(pty:dft), Attorney Peter Andrew Koziol added to party 26, Wuhan Zhongyou E-Commerce Co., Ltd. d/b/a Speedingd(pty:dft), Attorney Peter Andrew Koziol added to party 29, Yichang Bingpeng Trading Co., Ltd. d/b/a YCLTDD(pty:dft), Attorney Peter Andrew Koziol added to party 34, Yueqing Kunyuan Trading Co., Ltd. d/b/a Hilinego(pty:dft), Attorney Peter Andrew Koziol added to party 35, World Trade d/b/a Besfor(pty:dft), Attorney Peter Andrew Koziol added to party 38, Shenzhen Xiaoao Gongchuang Technology Co., Ltd. d/b/a YuanCkuyo(pty:dft), Attorney Peter Andrew Koziol added to party 40, Shenzhen Yiruitonghe Technology Co., Ltd. d/b/a Spacemen Store(pty:dft), Attorney Peter Andrew Koziol added to party 46, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a best-homepro(pty:dft), Attorney Peter Andrew Koziol added to party 47, Chengguantangli Village, Zhugang Town, Yuhuan County d/b/a spau-1512(pty:dft), Attorney Peter Andrew Koziol added to party 49, Shenzhen Unite Welding Machinery Co., Ltd. d/b/a uassaday(pty:dft), Attorney Peter Andrew Koziol added to party 50, Yiwu Xiangchu E-commerce Co., Ltd. d/b/a scdegr_1(pty:dft), Attorney Peter Andrew Koziol added to party 51, Shanghai Renhong Industry and Trade Co., Ltd. d/b/a SmarketBuy(pty:dft), Attorney Peter Andrew Koziol added to party 52, Shanghai Win Trade d/b/a PetPals Shop(pty:dft). |
| 09/24/2024 | 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. |
| 09/23/2024 | NOTICE of Attorney Appearance by Peter Andrew Koziol on behalf of The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A |
| 09/23/2024 | Attorney Peter Andrew Koziol representing The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A (Defendant) terminated. (ls)(Filer selected incorrect party) |
| 09/20/2024 | Defendant's MOTION TO DISMISS 7 Sealed Document FOR FAILURE TO STATE A CLAIM (Responses due by 10/4/2024.), MOTION to Dismiss for Lack of Jurisdiction 7 Sealed Document (Responses due by 10/4/2024.), MOTION to Expedite Motion to Dismiss 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). |
| 09/19/2024 | NOTICE of Attorney Appearance by Jianyin Liu on behalf of Yilide. Attorney Jianyin Liu added to party Yilide(pty:dft). |
| 09/18/2024 | 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. |
| 09/18/2024 | NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation |
| 09/13/2024 | 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. |
| 09/13/2024 | NOTICE of Settlement and Unopposed Motion to Suspend Proceedings and Extend TRO as to Defendant Spacemen Store Only by XYZ Corporation 附件： 1:(Text of Proposed Order Proposed Order) |
| 09/12/2024 | 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. |
| 09/11/2024 | Clerk's NOTICE of Compliance re 44 Order on Motion to Unseal Case. All Docket Entries Unsealed. |
| 09/10/2024 | 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. |
| 09/10/2024 | 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. |
| 09/10/2024 | 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. |
| 09/10/2024 | REPLY to Response to Motion re [38] Plaintiff's MOTION to Unseal Case filed by XYZ Corporation. 附件： 1:Exhibit Exhibit B 2:Exhibit Exhibit A |
