2022-cv-05727
日期 | 描述 |
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06/15/2023 | NOTICE of Satisfaction of Judgment of Defendants Nos. 2, 6, 15, 16 and 19 re: [70] Default Judgment, Add and Terminate Parties. Document filed by SPYRA GmbH. |
05/24/2023 | AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 5/24/2023 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. |
05/24/2023 | MEMO ENDORSEMENT on re: [82] Letter filed by SPYRA GmbH. ENDORSEMENT: The clerk of court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/24/2023) |
05/22/2023 | LETTER addressed to Judge Ronnie Abrams from Christopher Tom dated May 22, 2023 re: in response to May 16, 2023 order; case can be closed. Document filed by SPYRA GmbH. |
05/16/2023 | ORDER: Accordingly, no later than May 23, 2023, Plaintiff shall advise the Court as to whether this matter can be closed. (Signed by Judge Ronnie Abrams on 5/16/2023) |
03/31/2023 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: Ordibuy (106) SO ORDERED. ORDIBUY (106) and Ordibuy (106) terminated. (Signed by Judge Ronnie Abrams on 3/31/2023) |
03/30/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [79] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
03/29/2023 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Ordibuy (106). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
03/13/2023 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to the Complaint with prejudice: MAVIGADGET. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/13/2023) |
03/13/2023 | STIPULATION AND ORDER OF DISMISSAL: NOW THEREFORE, the Parties below hereby stipulate and agree as follows: 1. The Parties agree to vacate the Default Judgment in this matter as to Brandimi, pursuant to Federal Rule of Civil Procedure 60(b). 2. Plaintiff agrees to dismiss the claims against Brandimi with prejudice. 3. The Default Judgment will remain in place as to all other remaining Defaulting Defendants. 4. Plaintiff's counsel shall serve a copy of this Stipulation upon the agreed-upon payment processorsStripe, PayPal, PingPong, and LianLianwithin two (2) business day of its entry by the Court. The Parties agree that any such third-party entities served with a copy of this Stipulation shall be immediately authorized to release or reinstate any accounts, funds, or services related to Brandimi LLC, Mavigadget and Ahmet Yanik. The Parties further agree to cooperate in good faith to promptly provide any additional information or documentation reasonably requested by such third-party entities to facilitate the release or reinstatement of such accounts, funds, or services. 5. To the extent that any funds were taken from Brandimi's account(s) held with any payment processors and/or in the event that Brandimi becomes aware of any transfer of funds from Brandimi account to Plaintiff in connection to this matter, Brandimi may request the return of such funds from the Plaintiff within seven (7) days after providing documentary proof of such a transfer. Brandimi reserves the right to seek legal additional action to recover any erroneously transferred funds if Plaintiff does not request the return of such funds within seven (7) days after receiving documentary proof of a transfer. 6.Brandimi agrees that any assertion that Plaintiff has received funds from an account held by Brandimi must be supported by documentary proof, which will be provided to Plaintiff and its counsel before any demand for a refund of funds can be made. 7.Each Party shall be liable to the other for all costs and expenses incurred, arising from efforts to enforce the terms of this Joint Stipulation including but not limited to attorney's fees. Such costs and expenses shall be in addition to any other relief granted. Each party reserves the right to seek further relief from the Court if the other party fails to comply with the terms of this Joint Stipulation. 8.The Parties agree that Mavigadget.com is a marketplace and is not responsible for any alleged infringement of Plaintiff's intellectual property rights, and that Plaintiff will not pursue any claims against Brandimi or its agents, officers, or employees arising out of this lawsuit. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/13/2023) |
03/13/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [76] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
03/13/2023 | ***DELETED DOCUMENT. Deleted document NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No.[76]Notice of Voluntary Dismissal. The document was incorrectly filed in this case. |
03/10/2023 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) MAVIGADGET (98). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
03/10/2023 | PROPOSED STIPULATION AND ORDER. Document filed by SPYRA GmbH. |
03/01/2023 | Order on Motion for Leave to File Document |
02/27/2023 | NOTICE OF APPEARANCE by Jerome Noll on behalf of MAVIGADGET (98). 附件: 1:Affidavit of Service |
02/27/2023 | NOTICE OF APPEARANCE by Darius Adam Marzec on behalf of MAVIGADGET (98). 附件: 1:Affidavit of Service |
02/27/2023 | LETTER MOTION for Leave to File Motion to Vacate Default Judgment, to enlarge time to file answer or otherwise move and for a stay of execution and/or enforcement of the Default Judgment addressed to Judge Ronnie Abrams from Darius A. Marzec, Esq. dated 02/27/2023. Document filed by MAVIGADGET (98). |
02/10/2023 | DEFAULT JUDGMENT: THIS CASE having been commenced by SPYRA GmbH ("Plaintiff") against the Defendants identified on the First Amended Schedule A (collectively, the "Defaulting Defendants") and using at least the domain names identified in the First Amended Schedule A (the "Defaulting Defendant Domain Names") and the online marketplace accounts identified in the First Amended Schedule A (the "Defaulting Online Marketplace Accounts"), and Plaintiff having moved for entry of Default and Default Judgment against the Defaulting Defendants. IT IS HEREBY ORDERED that Plaintiff's Order to Show Cause Why Default and Default Judgment Should Not Be Entered is GRANTED in its entirety, that Defaulting Defendants are deemed in default and that this Default Judgment is entered against Defaulting Defendants. Accordingly, this Court ORDERS that: Pursuant to 17 U.S.C. § 504, Plaintiffs are awarded statutory damages from each ofth e Defaulting Defendants in the amount of one hundred fifty thousand dollars ($150,000.00). The five thousand-dollar ($5,000) bond posted by Plaintiff, including any interest minus the registry fee, will be released to Plaintiff or its counsel upon notice to the Court that all non-defaulting defendants have been dismissed from the case. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Plaintiff or its counsel once such no tice is provided. Alihu baby Store (31), Alipapa Store (32), Alipapa Store (33), An Xin (66), Anhui Ximeng International Trade Co. (1), DAIDAI Store (34), Defendant (66), DesignNest Amsterdam (96), Doki Toy Store (35), FSDA Store (101), Fafail (7 8), Foshan Aoerbao Childrens Products Co., Ltd. (2), Foshan City Camping Technology Co., Ltd (3), Foshan Jiazhanchuang Sports Health Technology Co., Ltd. (4), Fun education toy store (36), Fun time Store (37), GBBDD (55), GBYX (56), GRAIL-KING (85), GadgetNed (83), Global Order Wholesale (115), Goodraps (87), HA Life store (38), HYDGUN (92), Hainan Lanhai Shipping Co., Ltd. (6), Hangzhou Agreat Import & Export Co., Ltd. (7), Hangzhou Langdi Technology Co., Ltd. (9), Hegen baby Store (40), Henan Sincerely Industrial Co., Ltd (10), Hilda Tracy (89), Huizhou Onecarat Technology Co., Ltd. (11), IGUISI (122), IMBABY Factory Store (41), IMBABY Global Store (42), INNO Electronics, INNO Electronics (59), Jiangmen Spark Technology Co., Ltd. (12), KS DW Toys Store (43), LAIHUIKEJI (13), LEIFB OWEN (97), LLYGE STORE (68), Life Shop 21 (61), MAVIGADGET (98), MG play home Store (44), Made in China department stores (62), Malina Store (95), Megior Store (80), Menkay Store (93), Moweoo (100), Multiple Store (104), Multitoolsstore (102), Odice-US, Odice-US (63), QIANSHENGTC (105), Qingdao Melton Tire Co., Ltd. (14), QuanRun Store (118), Rollinstar (107), Ruabby (108), Ruiying outdoor Store (46), SIXEFF (64), SPOTLTWM (116), SPYRA GmbH, SPYRAWATERG UN.NL (112), SZRX0BD2 (70), Seasonhots (109), Self-confidence baby Store (47), Shantou Chenghai Wangji Toy Factory (15), Shenzhen Daton Technology Co., Ltd. (16), Shenzhen Muje Technology Co., Ltd. (124), Shenzhen Muje Technology Co., Ltd. (17), Shen zhen Shining Electric Co., Ltd. (18), Shop Local (88), Shop3053005 Store (48), Shop911390105 Store (49), Shop911665317 Store (29), Simons Box (110), SquareMonkey Toy Store (50), Stit Toystore (113), Syg Global Technology CO., LTD (86), TBMXM STORE (1 20), The Childhood toy Store (51), The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, Tom Toy (114), Utyket (117), VIKARUMENT (125), VIKARUMENT (94), Visitous (12 1), WATERAREA (81), Walmart (FAKE) (99), Wuxi Yaoen Technology Co., Ltd. (19), Wuyi Enpower Fitness Co., Ltd. (20), Xiamen Hongxiang Trading Co., Ltd (21), YOLIX Store (52), Yiwu Jixu Import And Export Co., Lt (23), Yongkang Greenlawn Industrial&Trad ing Co., Ltd. (24), Yongkang Hongduo Industry&trade Co. (25), Yongkang King Sports Industry & Trade Co., Ltd. (26), Yongkang Suncity Imp& Exp Co., Ltd. (27), YueShangSian (126), Zhejiang Haiqi Industry And Trade Co., Ltd. (28), Zhejiang accessories c ity Store (53), Zone Spray (123), cozexs (69), crystalhouse us (54), folary.com (79), fpjtoys (82), guangsenshop88 (5), guntoy (90), hand of god boutique store (39), hap piness shop (57), hjkjyiugfhfjhfkj (58), hrsale.2021outletshops.ru (91), jindian889 (60), plush toy store (45), www.sneakernews.ml (111), AQNOL (67) and Ailihu kitchen Store (30) terminated. (Signed by Judge Ronnie Abrams on 2/10/2023) (ate) Transmission to Finance Unit (Cashiers) for processing. |
02/08/2023 | Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 2/8/2023. (Court Reporter Sonya Moore) |
01/31/2023 | NOTICE OF APPEARANCE by Eitan Nof on behalf of ORDIBUY (106). |
01/12/2023 | AFFIDAVIT OF SERVICE of Order to Show Cause for Default Judgment (Dkt. No. 67), Motion for Entry of Default and Default Judgment and Plaintiff's supporting papers (Dkt. Nos. 56-59) on January 12, 2023. Document filed by SPYRA GmbH. |
01/11/2023 | ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: It is hereby: ORDERED that Plaintiff shall serve a copy of the motion for default and default judgment, any supporting papers, and this Order on each Schedule A Defendant on or before January 18, 2023 by the methods described in the Court's July 14, 2022 Order to Show Cause. Plaintiff shall file proof of service of these documents with the Court. IT IS FURTHER ORDERED that Defendants' answering papers, if any, should be filed with the Court and served upon Plaintiff's counsel on or before February 1, 2023, by delivering copies thereof to the office of Thoits Law, 400 Main Street, #250, Los Altos, CA 94022, Attn: Nathan Monroe-Yavneh, Esq. IT IS FURTHER ORDERED that the Schedule A Defendants show cause at a telephonic conference to be held on February 8, 2023 at 2:00 p.m. why a default judgment should not be entered in favor of Plaintiff for the relief requested in the Complaint. The parties shall use the dial-in information provided below to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Show Cause Hearing set for 2/8/2023 at 02:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 1/11/2023) |
01/09/2023 | LETTER addressed to Judge Ronnie Abrams from Nathan Monroe-Yavneh dated January 9, 2023 re: Request hearing on Plaintiff's Motion for Entry of Default and Judgment. Document filed by SPYRA GmbH. 附件: 1:Text of Proposed Order Proposed Order to Show Cause Why Default Judgment and Per |
11/15/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to the Complaint with prejudice: 119. verifiedtrending.com. https://verifiedtrending.com/. As further set forth by this Order. SO ORDERED. VerifiedTrending.com terminated. (Signed by Judge Ronnie Abrams on 11/15/2022) |
11/14/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [64] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;. |
11/10/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) verifiedtrending.com (119). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
11/08/2022 | PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: 65. TIANMAI-US. SO ORDERED. TIANMAI-US (65) and TIANMAI-US (65) terminated. (Signed by Judge Ronnie Abrams on 11/8/2022) |
11/07/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [62] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
11/04/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) TIANMAI-US (65). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
10/28/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: As further set forth by this Order. The Notice of Voluntary previously filed on October 24, 2022, Dkt. 54, was erroneously filed with the court. It inadvertently listed the incorrect Seller Name and Defendant Online Marketplace URL for Defendant No. 33. Yiwu Dayu Toys Co., Ltd. (22), bestwin store (33), and Hangzhou Hangkai Technology Co., Ltd. (8) terminated. (Signed by Judge Ronnie Abrams on 10/28/2022) |
10/26/2022 | AFFIDAVIT OF SERVICE of Plaintiff's Motion for Default and all Supporting Papers (Dkt. No. 56) on October 26, 2022. Document filed by SPYRA GmbH. |
10/26/2022 | ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [59] Proposed Default Judgment was reviewed and approved as to form. |
10/26/2022 | PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by SPYRA GmbH. Proposed Default Judgment to be reviewed by Clerk's Office staff. |
10/26/2022 | MEMORANDUM OF LAW in Support re: [56] MOTION for Default Judgment as to Defaulting Defendants and Default Judgment. Document filed by SPYRA GmbH. |
10/26/2022 | DECLARATION of Nathan Monroe-Yavneh in Support re: [56] MOTION for Default Judgment as to Defaulting Defendants and Default Judgment. Document filed by SPYRA GmbH. 附件: 1:Exhibit 1 (First Amended Schedule A) 2:Exhibit 2 (Complaint) 3:Exhibit 3 (TRO) 4:Exhibit 4 (Summons Returned Executed) 5:Exhibit 5 (Service Emails) 6:Exhibit 6 (Site Down) 7:Exhibit 7 (Clerk's Certificate of Default) |
10/26/2022 | MOTION for Default Judgment as to Defaulting Defendants and Default Judgment. Document filed by SPYRA GmbH. |
10/26/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [55] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
10/25/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Hangzhou Hangkai Technology Co., Ltd. (8), Yiwu Dayu Toys Co., Ltd. (22), bestwin store (33). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
10/25/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [54] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
10/24/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Hangzhou Hangkai Technology Co., Ltd. (8), Yiwu Dayu Toys Co., Ltd. (22), Alipapa Store (33). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
10/21/2022 | CLERK'S CERTIFICATE OF DEFAULT as to all defendants listed in the attached Clerk's Certificate of Default. |
10/20/2022 | DECLARATION of Nathan Monroe-Yavneh re: [51] Proposed Clerk's Certificate of Default. Document filed by SPYRA GmbH. 附件: 1:Exhibit 1 (First Amended Schedule A) 2:Exhibit 2 (Schedule A) 3:Exhibit 3 (Summons Returned Executed) 4:Exhibit 4 (Text of Proposed Order Clerk's Certificate of Default) |
10/20/2022 | PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
10/19/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: As further set forth by this Order. SO ORDERED. gearelevation (84) terminated. (Signed by Judge Ronnie Abrams on 10/19/2022) |
10/14/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [49] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
10/13/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) gearelevation (84). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
09/30/2022 | STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the time within which Defendant "verifiedtrending.com" (#119) may move, answer, or otherwise respond to the Complaint is hereby extended up to and including November 1, 2022. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant "verifiedtrending.com" (#119) expressly reserves, any and all defenses. There has been one previous request for extension of time in connection with this matter. The parties further agree that this Stipulation may be signed in counterparts and that faxed and electronic signatures may be deemed originals. SO ORDERED. VerifiedTrending.com answer due 11/1/2022.(Motions due by 11/1/2022.) (Signed by Judge Ronnie Abrams on 9/30/2022) |
09/29/2022 | PROPOSED STIPULATION AND ORDER. Document filed by VerifiedTrending.com. |
09/13/2022 | SECOND PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, the Court ORDERS that: Second PI Defendants, their affiliates, officers, agents, servants, employees, attorneys,confederates, and all persons acting for, with, by, through, under or in active conc ert with them shallbe temporarily enjoined and restrained from activities set forth in this order. The five thousand dollars ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. (Signed by Judge Ronnie Abrams on 9/13/2022) (ate) Transmission to Finance Unit (Cashiers) for processing. |
09/13/2022 | Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 9/13/2022. (Court Reporter Rose Prater) |
09/09/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendants listed on Schedule A to theComplaint without prejudice: SO ORDERED. (Signed by Judge Ronnie Abrams on 9/9/2022) Temporarypay8 (73), whyexpress (76), whenmeet (74), whosesounds (75), Newtaller-8 (72), Golkatakora8 (71)., Temporarypay8 (73), whenmeet (74), whosesounds (75), whyexpress (76), Golkatakora8 (71) and Newtaller-8 (72) terminated. |
09/09/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendants listed on Schedule A to theComplaint without prejudice: SO ORDERED. (Signed by Judge Ronnie Abrams on 9/9/2022) Temporarypay8 (73), whyexpress (76), whenmeet (74), whosesounds (75), Newtaller-8 (72), Golkatakora8 (71)., Temporarypay8 (73), whenmeet (74), whosesounds (75), whyexpress (76), Golkatakora8 (71) and Newtaller-8 (72) terminated. |
09/09/2022 | ***DELETED DOCUMENT. Deleted document number [45] ORDER. The document was incorrectly filed in this case. |
09/08/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Golkatakora8 (71), Newtaller-8 (72), Temporarypay8 (73), whenmeet (74), whosesounds (75), whyexpress (76). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
09/09/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [43] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
09/01/2022 | STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the time within which Defendant "verifiedtrending.com" (#119) may move, answer, or otherwise respond to the Complaint is hereby extended up to and including September 30, 2022. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendant "verifiedtrending.com" (#119) expressly reserves, any and all defenses. SO ORDERED., VerifiedTrending.com answer due 9/30/2022. (Signed by Judge Ronnie Abrams on 9/01/2022) |
09/01/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: win-win-sl (77) terminated. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/01/2022) |
08/31/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) win-win-sl (77). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
08/31/2022 | PROPOSED STIPULATION AND ORDER. Document filed by VerifiedTrending.com. |
09/01/2022 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [40] Notice of Voluntary Dismissal, was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. |
08/23/2022 | ORDER TO SHOW CAUSE FOR SECOND PRELIMINARY INJUNCTION The Court having considered the Declarations of Sebastian Walter and Michael Yellin (ECF Nos. 8, 9), as well as the Complaint and all other papers filed in support of Plaintiff's application for a second preliminary injunction with respect to the 54 Defendants listed on Schedule A to the Proposed Second Preliminary Injunction Order filed concurrently herewith: IT IS HEREBY ORDERED that a hearing shall be held on September 13, 2022 at 1:00 p.m. at which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiff's Application. The hearing will be held telephonically and is accessible through the following dial-in information: Dial-In Number (888) 363-4749; Access Code: 1015508. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before September 12, 2022. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/23/2022) (Responses due by 9/12/2022, Telephone Conference set for 9/13/2022 at 01:00 PM before Judge Ronnie Abrams.) |
08/22/2022 | PROPOSED ORDER. Document filed by SPYRA GmbH. Related Document Number: [Order to Show Cause for Second Preliminary Injunction Dkt. 35 and Memorandum of Law in Support of a Second Preliminary Injunction Dkt. 36]. Proposed Order to be reviewed by Clerk's Office staff. |
08/22/2022 | MEMORANDUM OF LAW in Support re: [35] Proposed Order to Show Cause Without Emergency Relief for a Second Preliminary Injunction. Document filed by SPYRA GmbH. |
08/22/2022 | PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by SPYRA GmbH. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
08/23/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [37] Proposed Order, was reviewed and approved as to form. |
08/23/2022 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [35] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. |
08/22/2022 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto served on 8/22/2022, answer due 9/12/2022. Document filed by SPYRA GmbH. |
08/19/2022 | ***DELETED DOCUMENT. Deleted document number [34] Order. The document was incorrectly filed in this case. |
08/15/2022 | PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, the Court ORDERS that: PI Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them shall be temporarily enjoined and restrained from all actions set forth in this order. The five thousand dollars ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. (Signed by Judge Ronnie Abrams on 8/15/2022) (ate) Transmission to Finance Unit (Cashiers) for processing. |
08/12/2022 | Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 8/12/2022. (Court Reporter Sharonda Jones) |
08/12/2022 | NOTICE OF APPEARANCE by Yong Chen on behalf of Odice-US, INNO Electronics. |
08/11/2022 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto served on 8/10/2022, answer due 8/31/2022. Document filed by SPYRA GmbH. |
08/11/2022 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff SPYRA GmbH voluntarily dismisses the following Defendant listed on Schedule A to theComplaint without prejudice: Peekwise (103) terminated. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/11/2022) |
08/10/2022 | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Peekwise (103). Document filed by SPYRA GmbH. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
08/10/2022 | ORDER terminating [25] Letter Motion to Continue; terminating [27] Letter Motion to Continue. The Court will proceed with the hearing scheduled for August 12, 2022. Plaintiff is reminded that it must serve a summons on the Noticed Defendants, in addition to the complaint and TRO, in order to have properly effectuated service. According to the docket, Plaintiff never requested an issuance of summons following the Court's July 14, 2022 order that permitted the Clerk of Court to issue a single original summons in this case. Plaintiff should file a request for issuance of summons as soon as possible in order to have timely served all the required papers on the Noticed Defendants. Plaintiff must file proof of service on the docket in advance of the hearing. (Signed by Judge Ronnie Abrams on 8/10/2022) |
08/08/2022 | SECOND LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Ronnie Abrams from Nathan Monroe-Yavneh dated August 8, 2022. Document filed by SPYRA GmbH. |
08/04/2022 | ORDER with respect to [25] Letter Motion to Continue. Granting Plaintiff's requested extension would extend the TRO issued on July 14 well beyond 28 days, a practice that the Second Circuit has previously prohibited absent defendants' consent. See U.S. D.I.D. Corp. v. Windstream Commc'ns, Inc., 775 F.3d128, 132 n.2 (2d Cir. 2014) ("A TRO cannot exceed fourteen days unless the district court, 'for good cause,' extends it for another period of no more than fourteen days; a TRO lasting longer than twenty-eight days requires that the adverse party consent."). By August 8, 2022, Plaintiff shall submit a letter, not to exceed three pages, explaining why an extension of the TRO beyond twenty-eight days in this matter is warranted and permissible notwithstanding this law. (Signed by Judge Ronnie Abrams on 8/4/2022) |
08/03/2022 | LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Ronnie Abrams from Nathan Monroe-Yavneh dated August 3, 2022. Document filed by SPYRA GmbH. |
07/21/2022 | ORDER granting [23] Letter Motion to Continue. Application granted. The Court finds that, for the reasons stated herein, good cause exists to extend the temporary restraining order to August 12, 2022. The preliminary injunction hearing is rescheduled for August 12, 2022 at 12:45 p.m. Show Cause Hearing set for 8/12/2022 at 12:45 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/21/2022) |
07/20/2022 | LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Ronnie Abrams from Nathan Monroe-Yavneh dated July 20, 2022. Document filed by SPYRA GmbH. |
07/20/2022 | CASHIERS OFFICE REGISTRY DEPOSIT as per [22] Order to Show Cause, dated 7/14/2022, from Judge Ronnie Abrams, received $$5,000.00 from SPYRA GmbH Receipt Number NYSCCA22-00584 on 7/20/2022. |
07/14/2022 | ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as set forth in this order. Plaintiff shall provide specific support for these applications in advance of the preliminary injunction hearing. To the extent Plaintiff is seeking an order transferring control of Defendants' domain names and/or online storefronts to Plaintiff's control, it shall provide further support for the necessity of such relief in advance of the preliminary injunction hearing, in light of the fact that the Court is authorizing a restraint of Defendants' assets. The Clerk of Court is directed to issue a single original summons in the name of THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT that shall apply to all Defendants. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), either cash, cashier's check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. IT IS FURTHER ORDERED that a hearing shall be held on July 25, 2022 at 11:00 a.m., at which Plaintiffs may present their arguments in support of their request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs' Application. The hearing will be held telephonically. The parties shall use the following dial-in information to call into the hearing: Call-in Number: (888) 363-4749; Access Code: 1015508. This line is open to the public. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court and served on Plaintiff's counsel or before July 21, 2022, at 5:00 p.m. Show Cause Hearing set for 7/25/2022 at 11:00 AM before Judge Ronnie Abrams. Show Cause Response due by 7/21/2022. (Signed by Judge Ronnie Abrams on 7/14/2022) (ate) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing. |
07/08/2022 | AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. |
07/08/2022 | MEMO ENDORSEMENT granting 10 Letter Motion to Seal. ENDORSEMENT: Accordingly, Plaintiff respectfully requests that the Court grant Plaintiff leave to file itsSchedule A attached to the Complaint and Exhibit 2 to the Declaration of Sebastian Walter under seal. Application granted. The Court will revisitthe issue of sealing these materials after itrules on Plaintiff's application for an order toshow cause with emergency relief.SO ORDERED. (Signed by Judge Ronnie Abrams on 7/7/2022) |
07/08/2022 | ORDER TO EXCEED PAGE LIMIT granting [17] Letter Motion for Leave to File Excess Pages. On this day, the Court considered Plaintiff's Motion for Permission to Exceed Page Limitation (the "Motion") and it is hereby ORDERED that Plaintiff may submit a memorandum of law in support of its ex parte application for entry of an order to show cause with a temporary restraining order and other relief in excess of the page limitations that may be set by the Court, and in the form attached to the Motion as Exhibit A. (Signed by Judge Ronnie Abrams on 7/7/2022) |