最近更新：2024-12-25
2023-cv-08634
| 日期 | 描述 |
|---|---|
| 04/02/2024 | ENDORSED LETTER addressed to Judge Jennifer H. Rearden from Robert D. Katz dated 2/6/2024 re: We respectfully request that the Court order that the documents from the action filed in SDNY be sealed and maintained under seal for the full three-month period so that the identities of the numerous Defendants do not become part of the public record. For this reason, Plaintiff respectfully requests to maintain the case under seal for the full three-month period, and respectfully requests that the Court order the Court Clerk to maintain the documents under seal as requested in the proposed order to withdraw previously filed by Plaintiff. ENDORSEMENT: Application GRANTED. The Court will maintain the case under seal until March 5, 2024, i.e., three months from the date of Plaintiffs December 5, 2023 application requesting that the docket "remain under seal for three months or sooner." Pl.'s Sealing Appl. ***This document was previously filed under seal in envelope 24 and unsealed by docket entry 25*** (Signed by Judge Jennifer H. Rearden on 2/20/2024) |
| 04/02/2024 | MEMO ENDORSEMENT ON LETTER: ENDORSEMENT: Plaintiffs application to maintain the case under seal for an additional three-month period is denied. [T]he courts will entertain such an application and seal the entire case only in exceptional cases. Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, No. 14 Civ. 6867 (VEC), 2016 WL 1071107, at *16 (S.D.N.Y. Mar. 18, 2016), affd, 814 F.3d 132 (2d Cir. 2016). But this is not such an exceptional case. Id. Plaintiff requests that the Court maintain this case under seal because Plaintiffs Motion for TRO is still pending in the Northern District of Illinois, Eastern Division and has not yet been entered by the assigned judge. Feb. 6, 2024 Sealing Appl. at 1; see also supra at 2 (contending that continued sealing of case is necessary until district court decide[s] [Plaintiffs] motion for a TRO). The docket in the Northern District of Illinois action, however, reflects that Plaintiffs application for a temporary restraining order was granted on March 18, 2024. See Diamond Painting Intl Inc v. The Partnerships & Unincorporated Assns, 23 Civ. 17192 (JFK) (N.D. Ill. Mar. 18, 2024), ECF No. 27 (Order Granting a Temporary Restraining Order). Accordingly, the justification proffered by Plaintiff in this and previous applications for temporarily sealing the case no longer applies, and Plaintiff has not otherwise made a showing of exceptional circumstances to support extending the seal for three more months. Doe v. Juan Gonzales Agency Corp., No. 21 Civ. 00610 (PMH), 2022 WL 3100669, at *1 (S.D.N.Y. Aug. 4, 2022). [B]ecause Plaintiff has proffered no basis for maintaining this dismissed action under seal, the [] Court [must] unseal this now-closed case. Primera Maritime (Hellas) Ltd. v. Brave Bulk Transp. Ltd., 09 Civ. 1997 (RJS) (S.D.N.Y. Mar. 30, 2009).The Clerk of Court is directed to unseal this case and all previously sealed documents therein. So Ordered. (Signed by Judge Jennifer H. Rearden on 4/2/2024) |
| 02/20/2024 | SEALED DOCUMENT placed in vault. |
| 12/21/2023 | ORDER: Accordingly, the Hague Convention does not apply, and service by electronic means is permitted on Defendants located in China. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 5*** (Signed by Judge Jennifer H. Rearden on 11/7/2023) |
| 12/21/2023 | ORDER: For the reasons stated on the record during the teleconference held yesterday: Plaintiff's request to proceed on an ex parte basis is DENIED for failure to satisfy the requirements of Federal Rule of Civil Procedure 65(b)(l). This ruling is without prejudice, in light of Plaintiff's expressed interest in renewing its application. Any supplemental papers shall be filed no later than Wednesday, October 11, 2023. Plaintiff's request to serve Defendants by email and website publication is DENIED without prejudice. The Court reserves judgment on Plaintiff's motion for a temporary restraining order and preliminary injunction. SO ORDERED. ***This document was previously filed under seal in envelope 3 and unsealed by docket entry 5*** (Signed by Judge Jennifer H. Rearden on 10/7/2023) |
| 12/21/2023 | ORDER: The teleconference previously scheduled for October 6, 2023 at 12:00 p.m. is hereby adjourned to October 6, 2023 at 3:30 p.m. ***This document was previously filed under seal in envelope 3 and unsealed by docket entry 5*** (Signed by Judge Jennifer H. Rearden on 10/6/2023) |
| 12/21/2023 | ORDER: On October 6, 2023 at 12:00 p.m., Plaintiff shall appear for a teleconference to address Plaintiff's application for a temporary restraining order. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 123 663 606#. SO ORDERED. ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5*** (Signed by Judge Jennifer H. Rearden on 10/7/2023) |
| 12/21/2023 | Minute Entry for proceedings held before Judge Vincent L. Briccetti: Attorney, Lance Y. Liu present for the plaintiff. For the reasons stated on the record, the case will remain sealed as well as this minute entry until such time that Judge Seibel unseals the case. The Court directs that Plaintiff, through counsel appear on 10- 6-23 at 10:45 for a continuation of this Order to Show Cause and T.R.O. 15 mins. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5*** |
| 12/21/2023 | DECLARATION OFLANCE LIU: 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 |
| 12/21/2023 | DECLARATION OF YILAN WANG AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINNG ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY 附件： 1:Exhibit B |
| 12/21/2023 | MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINNG ORDER; AN ORDER RESTRAINING MERCHANT STOREFRONTS ANDDEFENDANTS' ASSETS WITH THEIR FINANCIAL INSTITUTIONS; AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE AND AN ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | PROPOSED TEMPORARY RESTRAINNG ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***.(js) Proposed Order to be reviewed by Clerk's Office staff. |
| 12/21/2023 | TEMPORARY RESTRAINNG ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***.(js) Proposed Order to be reviewed by Clerk's Office staff. |
| 12/21/2023 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5*** |
| 12/21/2023 | COMPLAINT: ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | SUMMONS ISSUED as to The Partnership and Unincorporated Associations Identified on Schedule "A": ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | CIVIL COVER SHEET filed: ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | NOTICE OF APPEARANCE by Lance Liu on behalf of Diamond Painting International Inc. ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | NOTICE OF APPEARANCE by Robert David Katz on behalf of Diamond Painting International Inc. ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | NOTICE OF APPEARANCE by Albert Wai-Kit Chan on behalf of Diamond Painting International Inc. ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5***. |
| 12/21/2023 | ORDER TO FILE CIVIL CASE UNDER SEAL: ***This document was previously filed under seal in envelope 1 and unsealed by docket entry 5*** (Signed by Judge Mary Kay Vyskocil on 9/20/2023) |
| 12/21/2023 | MEMO ENDORSED ON NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a){l}{A(i) ENDORSEMENT: Plaintiffs application to maintain its now-dismissed case under seal for three months or sooner is denied. A party's application to seal the proceedings in their entirety. is a request for extraordinary relief. Doe v. Greiner, 662 F. Supp. 2d 355, 359-60 (S.D.N.Y. 2009). [T]he courts will entertain such an application and seal the entire case only in exceptional cases. Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, No. 14 Civ. 6867 (VEC), 2016 WL 1071107, at *16 (S.D.N.Y. Mar. 18, 2016), affd, 814 F.3d 132 (2d Cir. 2016). This is "not such an "exceptional" case." Id. Plaintiff requests that the Court maintain this case under seal post-termination because it was filed under seal at inception. In light of the dismissal of this action, however, the justification that Plaintiff had proffered in its initiating papers for temporarily sealing the case namely, to avoid the substantial and irreparable harm that will be caused by giving Defendant counterfeiters advance warning that they have been sued, Pl.s Sealing Mem. at 4-5 no longer applies. [B]ecause Plaintiff has proffered no basis for maintaining this dismissed action under seal, the Court [must] unseal this now-closed case. Primera Maritime (Hellas) Ltd. v. Brave Bulk Transp. Ltd., 09 Civ. 1997 (RJS) (S.D.N.Y. Mar. 30, 2009). The Clerk of Court is directed to unseal this case and all previously sealed documents therein. The Clerk of Court is further directed to close this case. SO ORDERED. |
