Whaleco Incorporated v. Temuapp.me et al
| Whaleco Incorporated |
| Temuapp.me, Temuapp.space and Unknown Parties |
| 2:2023cv02615 |
| December 14, 2023 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily) |
| Filing 25 Clerk's ENTRY OF DEFAULT as to Temuapp.me and Temuapp.space. (CSL) |
| Filing 24 APPLICATION for Entry of Default by Plaintiff Whaleco Incorporated against temuapp.me, and temuapp.space. (Attachments: #1 Attachment, #2 Attachment)(Parker, Emily) |
| Filing 23 NOTICE re: Notice of Service of Preliminary Injunction by Whaleco Incorporated . (Parker, Emily) |
| Filing 22 Exhibit List by Plaintiff Whaleco Incorporated. (LMR) |
| Filing 21 PRELIMINARY INJUNCTION issued. See attachment for details. Signed by Judge Michael T. Liburdi on 1/25/2024. (LMR) |
| Filing 20 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Preliminary Injunction Hearing held on 1/25/2024. Argument is presented. Exhibits 1 through 15 are admitted in evidence. For the reasons stated on the record, Preliminary Injunction to issue. APPEARANCES: David Barker and Emily Parker for Plaintiff. Defendants neither present nor represented by counsel. (Court Reporter Cathy Taylor.) Hearing held 2:12 PM to 2:30 PM. Exhibits are released to counsel for Plaintiff this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) |
| Filing 19 *Plaintiff's Proposed Findings of Fact and Conclusions of Law by Whaleco Incorporated . (Attachments: #1 Attachment, #2 Proposed Order)(Parker, Emily) *Modified to correct event and text on 1/24/2024 (CSL). |
| Filing 18 STATEMENT of Plaintiff Whaleco Inc.'s Pre-Hearing Statement by Plaintiff Whaleco Incorporated. (Parker, Emily) |
| Filing 17 NOTICE re: Notice of Service by Whaleco Incorporated . (Parker, Emily) |
| Remark: Pro hac vice motion(s) granted for Nathan Swire on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state attorney Nathan Swire terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 16 NOTICE re: Deposit and Posting of Bond by Whaleco Incorporated re: #13 Temporary Restraining Order,,, Set/Reset Deadlines/Hearings,, . (Parker, Emily) |
Filing 15
ORDER SETTING PRELIMINARY INJUNCTION HEARING: The Preliminary Injunction Hearing scheduled for January 25, 2024 at 1:30 p.m. is vacated and reset in time only to January 25, 2024 at 2:00 p.m. in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 before Judge Michael T. Liburdi. IT IS FURTHER ORDERED reaffirming the Court's previous Order #13 in all other respects. Defendants shall appear and show cause why a preliminary injunction on the same terms shall not issue. Any opposition brief shall be due by January 10, 2024. Plaintiff may file a reply by January 17, 2024. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement by January 19, 2024. See Order for complete details. Signed by Judge Michael T Liburdi on 12/28/2023. (CSL)
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| Filing 14 NOTICE re: Completing Alternative Service by Whaleco Incorporated re: #12 Order, . (Parker, Emily) |
| Remark: Pro hac vice motion(s) granted for David Okano on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 13
TEMPORARY RESTRAINING ORDER - Pending the entry of a Preliminary Injunction, the Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are TEMPORARILY RESTRAINED as discussed herein. Preliminary Injunction Hearing set for 1/25/2024 at 1:30 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. Whaleco, Inc. shall post a bond in the form of a cash deposit of $1,000.00 with the Clerk of Court by no later than 12/29/23 at 12:00 p.m. This Order shall be in effect until 1/31/24, at 11:59 p.m. (Arizona time). See Order for further details. Signed by Judge Michael T Liburdi on 12/27/23. (DXD)
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Filing 12
ORDER - For the reasons stated on the record at the Temporary Restraining Order Hearing on 12/27/23, the Motion (Doc. #5 ) is granted. The Court authorizes alternative personal service of the Complaint, Summons, and all papers in this case, on the Defendant registrants of the infringing domain names Temuapp.me and Temuapp.space subject to the provisions of this Order. See Order for further details. Signed by Judge Michael T Liburdi on 12/27/23. (DXD)
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| Filing 11 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing re: Plaintiff's Motion for Temporary Restraining Order and Motion for Leave to Serve Defendants Through Alternative Means held on 12/27/2023. IT IS ORDERED that, for the reasons stated on the record, Plaintiff's Motion for Temporary Restraining Order and Motion for Leave to Serve Defendants Through Alternative Means (Doc. 5) is granted. IT IS FURTHER ORDERED setting a Preliminary Injunction Hearing for Thursday, January 25, 2024 at 1:30 p.m. (Arizona time). Separate Orders to issue. APPEARANCES: Attorney Emily Parker, Attorney David Barker and Attorney Anna Naydonov for Plaintiff (David Barker and Anna Naydonov appearing by telephone. Defendants are not present. (Court Reporter Cathy Taylor) Hearing held 11:01 AM to 11:16 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Remark: Pro hac vice motion(s) granted for Anna Naydonov on behalf of Plaintiff Whaleco Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 10
ORDER: Plaintiff filed a Motion for Temporary Restraining Order and Motion for Leave to Serve Defendants Through Alternative Means #5 . IT IS ORDERED setting a hearing on the Motion for Wednesday, December 27, 2023 at 11:00 a.m. (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel may appear telephonically. Counsel are directed to call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speakerphones and headsets. Signed by Judge Michael T Liburdi on 12/15/23. (KLG)
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| Filing 9 Summons Issued as to Temuapp.me, Temuapp.space. (Attachments: #1 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 8 Filing fee paid, receipt number AAZDC-22579054. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-23-02615-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 7 DECLARATION of Kathleen Zhang re: #5 MOTION for Temporary Restraining Order, MOTION for Alternative Service by Plaintiff Whaleco Incorporated. (submitted by Emily Parker) (REK) |
| Filing 6 DECLARATION of David Okano re: #5 MOTION for Temporary Restraining Order, MOTION for Alternative Service by Plaintiff Whaleco Incorporated. (submitted by Emily Parker) (Attachments: #1 Exhibit 1-2) (REK) |
| Filing 5 MOTION for Temporary Restraining Order, MOTION for Alternative Service by Whaleco Incorporated. (submitted by Emily Parker) (Attachments: #1 Proposed Order TRO, #2 Proposed Order Alternative Service) (REK) |
| Filing 4 SUMMONS Submitted by Whaleco Incorporated. (submitted by Emily Parker) (Attachments: #1 Summons)(REK) |
| Filing 3 NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark filed by Whaleco Incorporated. (submitted by Emily Parker) (REK) |
| Filing 2 Corporate Disclosure Statement by Whaleco Incorporated. (submitted by Emily Parker) (REK) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $405.00, receipt number AAZDC-22579054 filed by Whaleco Incorporated. (submitted by Emily Parker) (Attachments: #1 Exhibit 1-10, #2 Civil Cover Sheet) (REK) |
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