最近更新：2024-12-25
2023-cv-00612
| 日期 | 描述 |
|---|---|
| 04/01/2024 | ADD PARTY FOR PLEADING. Defendants/Respondents Happy date (87), hefeizaiheibaihuoyouxiangongsi (89), Lsgrael (91), NEGOO STORE (93), putianshichengxiangquqirongmaoyiyouxiangongsi (94), SAJAR TRADING (95), ShanXiFaZeKeJiYouXianGongSi (96), Waykada (99), xuanchengxuanfanqiyeguanliyouxiangongsi (100), Cwhjun_kk (102), Deborahllk (104), Lovely TianTian (108), lusonghong1740 (109), Prague jewelry shop (113), taotaoshouji (114), ZeLing991 (116) added. Party added pursuant to 1 Complaint.Document filed by The Kyjen Company, LLC. Related document: 1 Complaint. |
| 04/01/2024 | ADD PARTY FOR PLEADING. Defendants/Respondents AMZJIANJIAN (2), DLYshopping (8), fangfangxuan168 (9), fuqiangzhang store (11), GLINZDz (13), GYANF (15), Huayuan Supplies (17), Incyj (18), Jingbo (20), jiujianglinfudianzishangwuyouxiangongsi (21), Juanking (22), lambo888 (23), LAN-YAN (24), Luohe Dichu Trading Co., Ltd. (26), NZSMYXGS (28), RSiug Ltd. (31), tongshengyao (38), wenhangliyunhuishangmaoyouxiangongsi888 (39), jspet1 (49), lumber21 (50), petrich (52), rubibegone (53), jasgood18 (65), Caluo E-commerce (82), chengdujianghubianshang (83) added. Party added pursuant to 1 Complaint.Document filed by The Kyjen Company, LLC. Related document: 1 Complaint. |
| 03/26/2024 | CLERK'S JUDGMENT re: 109 Order Adopting Report and Recommendations in favor of The Kyjen Company, LLC against AMZJIANJIAN (2); in favor of The Kyjen Company, LLC against DLYshopping (8); in favor of The Kyjen Company, LLC against fangfangxuan168 (9); in favor of The Kyjen Company, LLC against fuqiangzhang store (11); in favor of The Kyjen Company, LLC against GLINZDz (13); in favor of The Kyjen Company, LLC against GYANF (15); in favor of The Kyjen Company, LLC against Huayuan Supplies (17); in favor of The Kyjen Company, LLC against Incyj (18); in favor of The Kyjen Company, LLC against Jingbo (20); in favor of The Kyjen Company, LLC against jiujianglinfudianzishangwuyouxiangongsi (21); in favor of The Kyjen Company, LLC against Juanking (22); in favor of The Kyjen Company, LLC against lambo888 (23); in favor of The Kyjen Company, LLC against LAN-YAN (24); in favor of The Kyjen Company, LLC against Luohe Dichu Trading Co., Ltd. (26); in favor of The Kyjen Company, LLC against NZSMYXGS (28); in favor of The Kyjen Company, LLC against RSiug Ltd. (31); in favor of The Kyjen Company, LLC against tongshengyao (38); in favor of The Kyjen Company, LLC against wenhangliyunhuishangmaoyouxiangongsi888 (39); in favor of The Kyjen Company, LLC against jspet1 (49); in favor of The Kyjen Company, LLC against lumber21 (50); in favor of The Kyjen Company, LLC against petrich (52); in favor of The Kyjen Company, LLC against rubibegone (53); in favor of The Kyjen Company, LLC against jasgood18 (65); in favor of The Kyjen Company, LLC against Caluo E-commerce (82); in favor of The Kyjen Company, LLC against chengdujianghubianshang (83); in favor of The Kyjen Company, LLC against Happy date (87) ; in favor of The Kyjen Company, LLC against hefeizaiheibaihuoyouxiangongsi (89); in favor of The Kyjen Company, LLC against Lsgrael (91); in favor of The Kyjen Company, LLC against NEGOO STORE (93); in favor of The Kyjen Company, LLC against putianshichengxiangquqirongmaoyiyouxiangongsi (94); in favor of The Kyjen Company, LLC against SAJAR TRADING (95); in favor of The Kyjen Company, LLC against ShanXiFaZeKeJiYouXianGongSi (96); in favor of The Kyjen Company, LLC against Waykada (99); in favor of The Kyjen Company, LLC against xuanchengxuanfanqiyeguanliyouxiangongsi (100); in favor of The Kyjen Company, LLC against Cwhjun_kk (102); in favor of The Kyjen Company, LLC against Deborahllk (104); in favor of The Kyjen Company, LLC against Lovely TianTian (108); in favor of The Kyjen Company, LLC against lusonghong1740 (109); in favor of The Kyjen Company, LLC against Prague jewelry shop (113); in favor of The Kyjen Company, LLC against taotaoshouji (114); in favor of The Kyjen Company, LLC against ZeLing991 (116) in the amount of $ 3,501,500.00. (Signed by Clerk of Court Ruby Krajick on 3/26/2024) 附件： 1:(Appeal Package) (tp) |
| 03/26/2024 | AMENDED MEMORANDUM OPINION & ORDER for 106 Report and Recommendations. For the foregoing reasons, the Court adopts Judge Netburn's Report and Recommendation in full. In accordance with the attached chart, Plaintiff is awarded a total of $3,501,500 in statutory damages: $100,000 for each of the 35 Defaulting Defendants that engaged in willful trademark counterfeiting and infringement under the Lanham Act, and $250 for each of the six Defaulting Defendants that engaged in design patent infringement under the Patent Act. Plaintiff is also entitled to post-judgment interest calculated at the statutory rate prescribed by 28 U.S.C. § 1961. Upon the entry of judgment, the Clerk of Court is directed to terminate all pending motions, adjourn all remaining deadlines, and close this case. (Signed by Judge Jennifer H. Rearden on 3/20/2024) (rro) Transmission to Orders and Judgments Clerk for processing. |
| 03/20/2024 | MEMORANDUM OPINION & ORDER: Adopting REPORT AND RECOMMENDATION for 106 Report and Recommendation. For the foregoing reasons, the Court adopts Judge Netburn's Report and Recommendation in full. In accordance with the attached chart, Plaintiff is awarded a total of $3,501,500 in statutory damages: $100,000 for each of the 35 Defaulting Defendants that engaged in willful trademark counterfeiting and infringement under the Lanham Act, and $250 for each of the six Defaulting Defendants that engaged in design patent infringement under the Patent Act. Plaintiff is also entitled to post-judgment interest to be calculated by the Clerk of Court. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining deadlines, and close this case. SO ORDERED. Motions terminated: 65 MOTION for Default Judgment as to Defaulting Defendants filed by The Kyjen Company, LLC. (Signed by Judge Jennifer H. Rearden on 3/20/2024) (ama) Transmission to Orders and Judgments Clerk for processing. |
| 03/11/2024 | AFFIDAVIT OF SERVICE of the Court's March 4, 2024 Report and Recommendation (Dkt. 106) served on all defendants identified in the Fourth Amended Schedule A to the Complaint on March 5, 2024. Service was made by Email. Document filed by The Kyjen Company, LLC. |
| 03/04/2024 | REPORT AND RECOMMENDATION re: 65 MOTION for Default Judgment as to Defaulting Defendants filed by The Kyjen Company, LLC. The Court recommends that the Plaintiff be awarded $100,000.00 in statutory damages per Defaulting Defendant under the Lanham Act and $250.00 for each Defaulting Defendant that has engaged in design patent infringement under the Patent Act, plus applicable post-judgment interest, as identified in the Fourth Amended Schedule A to the FFCL. Objections to R&R due by 3/18/2024. (Signed by Magistrate Judge Sarah Netburn on 3/4/2024) |
| 02/09/2024 | ORDER granting 104 Motion to Withdraw as Attorney. Attorney Brittany Celia Zoll terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) |
| 12/15/2023 | MOTION for Brittany Zoll to Withdraw as Attorney. Document filed by The Kyjen Company, LLC. 附件： 1:Affidavit in Support of Motion to Withdraw 2:(Proposed Order on Withdrawal of Attorney of Record) |
| 09/19/2023 | ORDER granting 102 Motion to Withdraw as Attorney. Attorney Shannon Joyce Prince terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) |
| 09/18/2023 | MOTION for Shannon J. Prince to Withdraw as Attorney for The Kyjen Co., LLC. Document filed by The Kyjen Company, LLC. 附件： 1:Affidavit In Support of Motion for Withdrawal of Attorney of Record 2:Proposed Order For Withdrawal of Attorney of Record. |
| 09/05/2023 | NOTICE OF APPEARANCE by Christopher Tom on behalf of The Kyjen Company, LLC. |
| 08/04/2023 | SCHEDULING ORDER FOR DAMAGES INQUEST: On May 19, 2023, the Honorable Jennifer H. Rearden referred this case to my docket to conduct an inquest and to report and recommend concerning Plaintiff's damages after entering a default judgment as to liability against Defendants. ECF Nos. 83, 86. On June 22, 2023, Plaintiff filed its Proposed Findings of Fact and Conclusions of Law. ECF No. 90. On June 23, 2023, Plaintiff filed an affidavit of service indicating that it had served Defendants the papers in support of its Proposed Findings of Fact and Conclusions of Law. ECF No. 92. Accordingly, Defendants' response, if any, was to be filed no later than July 24, 2023. Because Defendants have made no such filing, this matter is now fully briefed. (Signed by Magistrate Judge Sarah Netburn on 8/4/2023) |
| 08/04/2023 | 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, without prejudice against the defendant(s) Happy date (87). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 08/03/2023 | NOTICE OF APPEARANCE by Brittany Celia Zoll on behalf of The Kyjen Company, LLC. |
| 07/14/2023 | ORDER granting 96 Motion to Withdraw David E. Hutchinson as an attorney of record. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) |
| 07/12/2023 | MOTION to Withdraw David E. Hutchinson as an attorney of record. Document filed by The Kyjen Company, LLC. 附件： 1:Affidavit in support of Motion for Withdrawal of Attorney of Record 2:(Text of Proposed Order for Withdrawal of Attorney of Record) |
| 07/07/2023 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/18/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. |
| 07/07/2023 | TRANSCRIPT of Proceedings re: CONFERNECE held on 5/18/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/28/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/5/2023. |
| 07/03/2023 | NOTICE OF APPEARANCE by Shannon Joyce Prince on behalf of The Kyjen Company, LLC. |
| 06/23/2023 | AFFIDAVIT OF SERVICE of Proposed Findings of Fact and Conclusion of Law and the supporting papers (Dkt. Nos. 90, 90-1, 91, 91-191-5), and including a link to a website where the documents can be downloaded served on Defaulting Defendants as identified in the Fourth Amended Schedule A on June 23, 2023. Service was made by E-mail. Document filed by The Kyjen Company, LLC. |
| 06/22/2023 | AFFIDAVIT of David E. Hutchinson in Support re: [90] Proposed Findings of Fact. Document filed by The Kyjen Company, LLC. 附件： 1:Exhibit Ex. 1 - Fourth Amended Schedule A 2:Exhibit Ex. 2 - Default Judgment Order 3:Exhibit Ex. 3 - Order of Reference to Magistrate Judge Netburn 4:Exhibit Ex. 4 - Scheduling Order for Damages Inquest 5:Exhibit Ex. 5 - Chart of Defaulting Defendants' Sales and Conduct |
| 06/22/2023 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by The Kyjen Company, LLC. 附件： 1:Exhibit Exhibit A |
| 06/21/2023 | ORDER granting [88] Motion to Withdraw as Attorney. Attorney Anna Iskikian terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) |
| 06/20/2023 | MOTION for Anna Iskikian to Withdraw as Attorney. Document filed by The Kyjen Company, LLC. 附件： 1:Affidavit Affidavit in support of Motion for Withdrawal of Attorney of Record (Anna Iskikian) 2:(Text of Proposed Order Proposed Order for Withdrawal of Attorney of Record (Anna Iskikian)) |
| 05/23/2023 | SCHEDULING ORDER FOR DAMAGES INQUEST: It is now ORDERED that: No later than 30 days after entry of this Order, Plaintiff shall file Proposed Findings of Fact and Conclusions of Law describing all claimed damages and any other monetary reliefPlaintiff shall support their Findings of Fact and Conclusions of Law with affidavits and other documentary evidenceDefendants shall file a response, if any, no later than 30 days after serviceThe Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the partiesA courtesy copy of any document filed with the Court shall be sent or delivered to the Court as required by the Individual Practices of Judge Netburn, paragraph III(b), and as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 5/23/2023) |
| 05/22/2023 | DEFAULT JUDGMENT: This Court having entered, upon a showing by Plaintiff, a temporary restraining order and preliminary injunction against Defaulting Defendants that included a domain name transfer order and asset restraining order; Plaintiff h aving properly completed service of process on Defaulting Defendants, the combination of providing notice via electronic publication or email, along with any notice that Defaulting Defendants received from domain name registrars and payment processor s, being notice reasonably calculated under all circumstances to apprise Defaulting Defendants of the pendency of the action and affording them the opportunity to answer and present their objections, for the reasons set forth in the Court's deci sions issued on March 2 and March 7, 2023 (ECF Nos. 33 and 38);, Damages will be determined at an inquest by the designated Magistrate Judge. A referral has issued under separate Order. See ECF No. 83. and None of the Defaulting Defendants having ans wered the Complaint or appeared in any way, and the time for answering the Complaint having expired; THIS COURT FURTHER FINDS that Defaulting Defendants are liable for willful trademark infringement (15 U.S.C. § 1117) and/or willful design paten t infringement (35 U.S.C. § 289). IT IS HEREBY ORDERED that Defaulting Defendants are deemed in default and that this Default Judgment is entered against Defaulting Defendants. Damages will be determined at an inquest by the designated Magistrat e Judge. A referral has issued under separate Order. See ECF No. 83. Accordingly, this Court ORDERS that: 1. Defaulting Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: as further set forth herein. The five thousand-dollar ($5,000) bond posted by Plaintiff, including any interest minus the registry fee, will be release d to Plaintiff or their 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 notice is provided. (Signed by Judge Jennifer H. Rearden on 5/22/2023) (kv) Transmission to Finance Unit (Cashiers) for processing. |
| 05/22/2023 | MEMO ENDORSEMENT granting [82] Motion to Amend/Correct [82] MOTION to Amend/Correct [68] Proposed Default Judgment Order. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 82. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/22/2023) |
| 05/22/2023 | MEMO ENDORSEMENT granting [81] Motion to Amend/Correct [81] MOTION to Amend/Correct [67] Declaration in Support of Motion, [68] Proposed Default Judgment, [65] MOTION for Default Judgment as to Defaulting Defendants., [66] Memorandum of Law in Support of Motion. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 81. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/22/2023) |
| 05/19/2023 | ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Jennifer H. Rearden on 5/19/2023) |
| 05/18/2023 | Minute Entry for proceedings held before Judge Jennifer H. Rearden: Default Hearing held on 5/18/2023. See Order. Counsel is directed to order the transcript. (Court Reporter Carol Ganley) |
| 05/18/2023 | MOTION to Amend/Correct [68] Proposed Default Judgment Order. Document filed by The Kyjen Company, LLC. 附件： 1:Text of Proposed Order Amended Proposed Default Judgment Order 2:Text of Proposed Order REDLINED Amended Proposed Default Judgment Order |
| 05/18/2023 | MOTION to Amend/Correct [67] Declaration in Support of Motion, [68] Proposed Default Judgment, [65] MOTION for Default Judgment as to Defaulting Defendants., [66] Memorandum of Law in Support of Motion. Document filed by The Kyjen Company, LLC. 附件： 1:Supplement Amended Motion for Default Judgment 2:Supplement REDLNED Amended Motion for Default Judgment 3:Supplement Amended Memo in support of Motion for Default Judgment 4:Supplement REDLINED Amended Memo in support of Default Judgment 5:Supplement Amended Declaration in support of Default Judgment 6:Supplement REDLINED Amended Declaration in support of Default Judgment 7:Supplement Fourth Amended Schedule A 8:Supplement REDLINED Fourth Amended Schedule A |
| 05/09/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 79 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 05/09/2023 | 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 THE KYJEN COMPANY, LLC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice:Cinny (7)., Likeets (25), Sxhlsellon (36), Threelin3 (37), Wuiadef-US (41), chuangjingbo-US (6), Cinny (7) and Jindawu-US (19) terminated. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/9/2023) |
| 05/09/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [79] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 05/08/2023 | 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, without prejudice against the defendant(s) chuangjingbo-US (6), Cinny (7), Jindawu-US (19), Likeets (25), Sxhlsellon (36), Threelin3 (37), Wuiadef-US (41). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/25/2023 | 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 THE KYJEN COMPANY, LLC., voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: sensiya (33) https://www.amazon.co /sp?seller=A1Y7JNW596SEZ2 and shuangmai (35) https://www.amazon.co /sp?seller=A3V6BO02A6M5FC. SO ORDERED. sensiya (33) and shuangmai (35) terminated. (Signed by Judge Jennifer H. Rearden on 4/25/2023) |
| 04/25/2023 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF A CERTAIN DEFENDANT: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMPANY, LLC. voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: MMKemisidiPuppyPet (110) https://www.wish.com/merchant/5df7372af5a34b037e8d 5afa. SO ORDERED. MMKemisidiPuppyPet (110) terminated. (Signed by Judge Jennifer H. Rearden on 4/25/2023) |
| 04/25/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 76 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 04/25/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [76] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 04/24/2023 | 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) sensiya (33), shuangmai (35). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/24/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [75] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 04/21/2023 | 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, without prejudice against the defendant(s) MMKemisidiPuppyPet (110). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/20/2023 | CERTIFICATE OF SERVICE of Scheduling Order on Plaintiffs Motion for Default Judgment (ECF 73) served on all remaining Defendants subject to Plaintiffs motion for entry of default and default judgment, shown on the Third Amended Schedule A attached hereto on 4/19/2023. Service was made by E-Mail. Document filed by The Kyjen Company, LLC. |
| 04/19/2023 | SCHEDULING ORDER ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, It is hereby ORDERED that the Defaulting Defendants shall file any opposition to the motion for default judgment by May 11, 2023. The Defaulting Defendants are cautioned that corporate entities may appear in federal court only through licensed counsel, see Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983) ("[I]t is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se."), and "where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Trust Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (quoting SEC v. Rsch. Automation Corp., 521 F.2d 585, 589 (2d Cir. 1975)). It is further ORDERED that the Defaulting Defendants appear and show cause before this Court on May 18, 2023, at 2:00 P.M., why an order should not be issued granting a default judgment against them. The proceeding will be held remotely, via Microsoft Teams. The parties will receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 866 531 292#. In the event that any Defaulting Defendant appears or opposes the motion for default judgment prior to May 18, 2023, the parties shall prepare to treat the proceeding scheduled for that date as the initial pretrial conference with respect to any such appearing Defaulting Defendant. That is, if any Defaulting Defendant appears, opposes the motion, or seeks a nunc pro tunc extension of time to respond to the complaint, then the partiesincluding any such appearing Defaulting Defendant-shall, in accordance with Rule 3.B of the Courts Individual Rules and Practices in Civil Cases, file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than one week prior to the conference date. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information, in separate paragraphs: as further set forth herein. It is further ORDERED that Plaintiff serve the Defaulting Defendants with (1) a copy of the motion for default judgment and all supporting papers; and (2) a copy of this Order within one business day. Such service shall be made consistent with the methods of service authorized by the Court in its March 2, 2023 and March 7, 2023 Orders. See ECF Nos. 33, 38. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. (Responses due by 5/11/2023) Show Cause Hearing set for 5/18/2023 at 02:00 PM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 4/19/2023) |
| 04/19/2023 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF A CERTAIN DEFENDANT: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiff THE KYJEN COMPANY, LLC voluntarily dismisses the following Defendant listed on Schedule A to the Complaint without prejudice: GANGBAO (12) https://www.amazon.com /sp?seller=A3KZFEVQ1B7JM. GANGBAO (12) terminated. (Signed by Judge Jennifer H. Rearden on 4/19/2023) |
| 04/19/2023 | 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 THE KYJEN COMPANY, LLC. voluntarily dismisses the following Defendants listed on Schedule A to the Complaint without prejudice: Suuny Market (98) https://www.walmart.com/reviews/seller/101256289. SO ORDERED. Suuny Market (98) terminated. (Signed by Judge Jennifer H. Rearden on 4/19/2023) |
| 04/19/2023 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), PlaintiffTHE KYJEN COMPANY, LLC. voluntarily dismisses the following Defendants listed onSchedule A to the Complaint without prejudice: Feng hua gong ying lian (10) https://www.amazon.com/sp?seller=A1D620UCNZQPA7; GOARD LODA (14) https://www.amazon.com/sp?seller=A1B6JFFG9IA1DA; heronzt (106) https://www.wish.com/merchant/58296c54a6170f1b820897e9; kubi1993 (107) https://www.wish.com/merchant/5aeec7c11c25001326fbec64; Mozzarella (111) https://www.wish.com/merchant/6184151308832f4adaa79f48; nbmxtudtrr (112) https://www.wish.com/merchant/5fc2261710cec62bb26734ab; zaturday (115) https://www.wish.com/merchant/5f43d01bc8e8b0016377a8a2. SO ORDERED. Mozzarella (111), heronzt (106), kubi1993 (107), nbmxtudtrr (112), zaturday (115), Feng hua gong ying lian (10) and GOARD LODA (14) terminated. (Signed by Judge Jennifer H. Rearden on 4/19/2023) |
| 04/19/2023 | CERTIFICATE OF SERVICE of (1) Plaintiffs Motion for Entry of Default and Default Judgment (ECF 65), (2) Plaintiffs Memorandum in Support of Default Judgment and Permanent Injunction (ECF 66), (3) Declaration of David E. Hutchinson and the Exhibits thereto (ECF 6767-7), and (4) the Proposed Default Judgment (ECF 68). served on all remaining Defendants shown on the Third Amended Schedule A on 4/18/2023. Service was made by E-Mail. Document filed by The Kyjen Company, LLC. |
| 04/19/2023 | ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [68] Proposed Default Judgment was reviewed and approved as to form. |
| 04/19/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [64] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 04/18/2023 | PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by The Kyjen Company, LLC. Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| 04/18/2023 | DECLARATION of David E. Hutchinson in Support re: [65] MOTION for Default Judgment as to Defaulting Defendants. Document filed by The Kyjen Company, LLC. 附件： 1:Exhibit 1 (Third Amended Schedule A) 2:Exhibit 2 (Complaint with exhibits) 3:Exhibit 3 (TRO and alt service orders) 4:Exhibit 4 (Summons Returned Executed) 5:Exhibit 5 (Service Emails) 6:Exhibit 6 (Site Down) 7:Exhibit 7 (Clerk's Certificate of Default) |
| 04/18/2023 | MEMORANDUM OF LAW in Support re: [65] MOTION for Default Judgment as to Defaulting Defendants. Document filed by The Kyjen Company, LLC. |
| 04/18/2023 | MOTION for Default Judgment as to Defaulting Defendants. Document filed by The Kyjen Company, LLC. |
| 04/18/2023 | 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, without prejudice against the defendant(s) GANGBAO (12). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/18/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [63] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 04/18/2023 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [62] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 04/17/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David Hutchinson. RE-FILE Document No. 61 Notice of Voluntary Dismissal, 60 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. |
| 04/17/2023 | 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, without prejudice against the defendant(s) Suuny Market (98). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/17/2023 | 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, without prejudice against the defendant(s) Feng hua gong ying lian (10), GOARD LODA (14), heronzt (106), kubi1993 (107), Mozzarella (111), nbmxtudtrr (112), zaturday (115). Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/17/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David Hutchinson. RE-FILE Document No. [61] Notice of Voluntary Dismissal, [60] Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. |
| 04/14/2023 | 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, without prejudice against the defendant(s) The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/14/2023 | Notice of Voluntary Dismissal |
| 04/14/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David E. Hutchinson. RE-FILE Document No. [59] Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected;. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. |
| 04/13/2023 | 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, without prejudice against the defendant(s) The Kyjen Company, LLC. Document filed by The Kyjen Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 04/07/2023 | CLERK'S CERTIFICATE OF DEFAULT as to Amended Schedule A. |
