Tee Turtle, LLC v. Abmask et al
| Tee Turtle, LLC |
| Triple_S_Sneakers, Shantou Hoya Network Technology Co. Ltd., Wusy_Store, Misshowdress, Jspet, Cinderelladress, Jack6666, Besthair2021, Cheapgoodfuns Co., Ltd., Kidswonder, Bestdeals, Babyeveryday, Springwedding Factory, Letsports, Beautydesign, Babyfashionwedding, ZI527, Shanghai2008 (HK) International Trading Limited, One Stopos, Tongxiang Indus Hin Yue Zhendong Sweater Factory, Ast523, Dhgate Boutiques Store, Best Offers, Wristwatches (HK) International Trading Co., Ltd., Fidget Toys, Googsports, Wholesalefactory, Earlybirdno1 Co. Ltd., Homehome9, Abmask, Ningbo Jeeweex Enterprise, Happylifes, Hot Wind, Chicmissday, Dresssave Wedding Dresses Factory, Allanhu, Cwmsports, Hangzhou Boyuan Enterprise Management Co., Ltd., Besthot2020, Creative 2, Beststore2021, Shenzhen Dream Co., Ltd., Promotionspace and KN95 Face Mask |
| 2:2021cv03572 |
| April 27, 2021 |
| US District Court for the Central District of California |
| Charles F Eick |
| Consuelo B Marshall |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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Filing 45
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the above matter is set on the Court's calendar for a Telephonic hearing re motion for attorney fees #29 on June 29, 2021 at 10:00 a.m. Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the line until your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the parties one day before the hearing. IT IS SO ORDERED. See order for further information. (shb)
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| Filing 44 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Wholesalefactory, Wristwatches (HK) International Trading Co., Ltd., Wusy_Store, ZI527 (shb) |
| Filing 43 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Shantou Hoya Network Technology Co. Ltd., Shenzhen Dream Co., Ltd., Springwedding Factory, Triple_S_Sneakers, Tongxiang Indus Hin Yue Zhendong Sweater Factory (shb) |
| Filing 42 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Misshowdress, Ningbo Jeeweex Enterprise, One Stopos, Promotionspace, Shanghai2008 (HK) International Trading Limited (shb) |
| Filing 41 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jack6666, Jspet, Kidswonder, KN95 Face Mask, Letsports (shb) |
| Filing 40 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Googsports, Hangzhou Boyuan Enterprise Management Co., Ltd., Happylifes, Homehome9, Hot Wind (shb) |
| Filing 39 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Cwmsports, Dhgate Boutiques Store, Dresssave Wedding Dresses Factory, Earlybirdno1 Co. Ltd., Fidget Toys (shb) |
| Filing 38 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Beststore2021, Cheapgoodfuns Co., Ltd., Chiemissday, Cinderelladress, Creative 2 (shb) |
| Filing 37 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Beautydesign, Bestdeals, Besthair 2021, Besthair 2020, Best Offers (shb) |
| Filing 36 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Abmask, Allanhu, Ast523, Babyeveryday, Babyfashionwedding (shb) |
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Filing 35
MINUTES (IN CHAMBERS)- ORDER RE: PLAINTIFF'S REQUEST FOR ENTRY OF CLERK'S DEFAULT AGAINST ALL DEFENDANTS, #31 by Judge Consuelo B. Marshall: Accordingly, Plaintiff's Request for Entry of Clerk's Default Against All Defendants is GRANTED. IT IS SO ORDERED. (shb)
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| Filing 34 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against all defendants #31 . The Clerk cannot enter the requested Default of all defendants for the following reasons: 1. Filer contacted clerk regarding deficiency notice issued re documents 6, 7 see docket 33. The filer contacted the clerk regarding possible error in the issuance of the deficiency notice, #33. 2. 2. The clerk is not authorized to determine the propriety of service made on foreign entities on alternative service made according to the order of the court for service by alternative means. d. by other means (specify means of service and authorizing code section): Via electronic service pursuant to Order Granting Leave for Alternative Service by Electronic Means and Expedited Discovery, dated April 29, 2021. Service was complete on Defendant Nos. 1-22 and 24-44 on May 3, 2021. Service was complete on Defendant No. 23 on May 5, 2021" and 9. If the Court deems service to have been completed on all Defendants other than Happylifes on April 29, 2021, and completed on Happylifes on April 30, 2021, then the last day to respond to the Verified Complaint was May 20, 2021, and May 21, 2021, respectively. If the Court deems service to have been completed on all Defendants other than Happylifes on May 3, 2021, and completed on Happylifes on May 5, 2021, then the last day to respond to the Verified Complaint was May 24, 2021, and May 26, 2021, respectively. Either way, the time allowed for Defendants to respond to the Verified Complaint pursuant to Federal Rule of Civil Procedure 12(a)(1)(A) has expired. The Clerk cannot enter the requested relief as: This matter is being referred to the Judge. (shb) |
| Filing 33 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against all defendants All Defendants #31 . The summons was issued on May 3, 2021.The summons also must be returned along with the proof of service for all individual defendants. The Clerk cannot enter the requested relief as: Authorized agent for service of process must be indicated on the returned proof of service. (shb) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Tee Turtle, LLC, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon all defendants in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Keyes, J) |
| Filing 31 REQUEST for Clerk to Enter Default against all defendants All Defendants filed by plaintiff Tee Turtle, LLC. (Attachments: #1 Declaration of J. Michael Keyes) (Keyes, J) |
| Filing 30 DECLARATION of J. Michael Keyes in support of NOTICE OF MOTION AND MOTION for Attorney Fees #29 filed by Plaintiff Tee Turtle, LLC. (Keyes, J) |
| Filing 29 NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiff Tee Turtle, LLC. Motion set for hearing on 6/29/2021 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Keyes, J) |
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Filing 28
MINUTES (IN CHAMBERS) - ORDER RE: PLAINTIFF'S EX PARTE MOTION FOR CONTEMPT AND RENEWED EX PARTE APPLICATION FOR ASSET RESTRAINING ORDER, ORDER GRANTING LEAVE FOR ADDITIONAL EXPEDITED DISCOVERY, AND ORDER AUTHORIZING ALTERNATIVE SERVICE BY ELECTRONIC MEANS, #25 by Judge Consuelo B. Marshall: The Court 1. GRANTS Plaintiffs Application for civil contempt sanctions against the Non-Complying Defendants and awards reasonable attorneys fees and costs incurred by Plaintiff in connection with the Application, and assesses a per diem fine of $250 each day the defendant fails to comply with the Preliminary Injunction Order beginning on May 24, 2021; 2. DENIES Plaintiffs Application for a contempt finding as to third-party DHGate; 3. DENIES Plaintiffs Application for an asset restraining order; 4. GRANTS Plaintiffs Application for expedited discovery on the Non-Complying Defendants to itemize (i) the complete sales records for any and all sales of infringing products, including number of units sold, the price per unit, total gross revenues received (in U.S. dollars), and the dates thereof; and (ii) the account details for any of the Non-Complying Defendants accounts with financial institutions, including the account numbers and current account balances; and 5. DENIES Plaintiffs Application for expedited discovery on third-party DHGate and alternative service of expedited discovery on DHGate by electronic means. Plaintiff shall file evidence demonstrating the reasonable attorneys fees and costs incurred in connection with the Application for contempt sanctions no later than June 1, 2021. Plaintiff shall serve a copy of this Order on Defendants. IT IS SO ORDERED. (shb)
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| Filing 27 DECLARATION of Frank A. Kelly in support of Renewed EX PARTE APPLICATION for Contempt against Non-Complying Defendants #25 filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Keyes, J) |
| Filing 26 DECLARATION of J. Michael Keyes in support of Renewed EX PARTE APPLICATION for Contempt against Non-Complying Defendants #25 filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Keyes, J) |
| Filing 25 Renewed EX PARTE APPLICATION for Contempt against Non-Complying Defendants filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Proposed Order) (Keyes, J) |
| Filing 24 MINUTES OF TELEPHONIC HEARING RE ORDER TO SHOW CAUSE RE WHY PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel for plaintiff confer. Hearing held. Following discussions with the parties, the Court advises counsel that the Preliminary Injunction is granted and a written order will issue. IT IS SO ORDERED. Court Reporter: Myra Ponce. (shb) |
| Filing 23 PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: IT IS HEREBY ORDERED that Defendants ABMASK, ALLANHU; AST523; BABYEVERYDAY; BABYFASHIONWEDDING; BEAUTYDESIGN; BESTDEALS; BESTHAIR2021; BESTHOT2020; BESTOFFERS; BESTSTORE2021; CHEAPGOODFUNS CO. LTD.; CHICMISSDAY; CINDERELLADRESS; CREATIVE 2; CWMSPORTS;DHGATE BOUTIQUES STORE; DRESSAVE WEDDING DRESSES FACTORY; EARLYBIRDNO1 CO. LTD; FIDGET TOYS; GOOGSPORTS; HANGZHOU BOYUAN ENTERPRISE MANAGEMENT CO., LTD.; HAPPYLIFES; HOMEHOME9; HOT WIND; JACK6666; JSPET; KIDSWONDER; KN95 FACE MASK; LETSPORTS; MISSHOWDRESS; NINGBO JEEWEEX ENTERPRISE; ONE-STOPOS; PROMOTIONSPACE; SHANGHAI 2008(HK) INTERNATIONAL TRADING LIMITED; SHANTOU HOYA NETWORK TECHNOLOGY CO., LTD; SHENZHEN DREAM CO., LTD.; SPRINGWEDDING FACTORY; TRIPLE_S_SNEAKERS; TONGXIANG INDUS HINYUE ZHENDONG SWEATER FACTORY; WHOLESALEFACTORY; WRISTWATCHES(HK) INTERNATIONAL TRADING CO., LTD.; WUSY_STORE; and Z1527, their respective officers, employees, agents, servants, and attorneys, and all persons in active concert or participation with any of them (collectively Defendants) who receive actual notice of this Order (hereinafter collectively referred to as the Restrained Persons), are hereby restrained and enjoined from engaging in any of the following acts or omissions pending resolution of this action: From manufacturing, producing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling any products that have a design that is substantially similar to Tee Turtles Reversible Octopus Plushies as reflected in the copyrighted work registered under Registration Number VA 2-103-871; From secreting, concealing, destroying, altering, selling off, transferring, or otherwise disposing of and/or dealing with Infringing Products; From knowingly instructing, aiding, or abetting any other person or business entity in engaging in any of the activities referred to in subparagraphs (1) through (4) above. IT IS SO ORDERED. See order for details. (shb) |
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Filing 22
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the above matter is set on the Court's calendar for a Telephonic hearing re Order to Show Cause re why preliminary injunction should not be issued on MAY 6, 2021 AT 9:00 A.M. Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the line until your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the parties one day before the hearing. IT IS SO ORDERED. See order for further details. (shb)
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Filing 21
MINUTE IN CHAMBERS- ORDER RE: ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge Consuelo B. Marshall: On April 29, 2021, the Comt issued a Temporary Restraining Order ("TRO") and Order to Show Cause Why a Preliminary Injunction Should Not Issue ("OSC"). (Dkt. No. 16.) The Court ordered Defendants to file an opposition re the OSC no later than May 3, 2021 at 12:00 p.m., and Plaintiff to file reply papers no later than 12:00 p.m. on May 5, 2021. Plaintiff filed a proof of se1vice of the TRO and OSC on Defendants on April 29 and April 30, 2021. (Dkt. No. 18.) No opposition has been filed by Defendants. Accordingly, no reply papers from Plaintiff are necessa1y. IT IS SO ORDERED. (shb)
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| Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendants Abmask, Allanhu, Ast523, Babyeveryday, Babyfashionwedding, Beautydesign, Best Offers, Bestdeals, Besthair2021, Besthot2020, Beststore2021, Cheapgoodfuns Co., Ltd., Chicmissday, Cinderelladress, Creative 2, Cwmsports, Dhgate Boutiques Store, Dresssave Wedding Dresses Factory, Earlybirdno1 Co. Ltd., Fidget Toys, Hangzhou Boyuan Enterprise Management Co., Ltd., Happylifes, Homehome9, Hot Wind, Jack6666, Jspet, KN95 Face Mask, Kidswonder, Letsports, Misshowdress, Ningbo Jeeweex Enterprise, One Stopos, Promotionspace, Shanghai2008 (HK) International Trading Limited, Shantou Hoya Network Technology Co. Ltd., Shenzhen Dream Co., Ltd., Springwedding Factory, Tongxiang Indus Hin Yue Zhendong Sweater Factory, Triple_S_Sneakers, Wholesalefactory, Wristwatches (HK) International Trading Co., Ltd., Wusy_Store, ZI527. (shb) |
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Filing 19
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects form the Local Rules. (ys)
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| Filing 18 PROOF OF SERVICE Executed by Plaintiff Tee Turtle, LLC, upon Defendant All Defendants. in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Keyes, J) |
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Filing 17
ORDER by Judge Consuelo B. Marshall: Granting #9 EX PARTE APPLICATION for Leave for Alternative Service by Electronic Means and Expedited Discovery. (twdb)
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Filing 16
(1) TEMPORARY RESTRAINING ORDER; AND (2) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge Consuelo B. Marshall. RE: EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement #7 . ( Show Cause Hearing set for 5/6/2021 at 09:00 AM before Judge Consuelo B. Marshall.) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 15 MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: ORDER RE: PLAINTIFFS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE AND ASSET RESTRAINING ORDER #7 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 14 DECLARATION of Justin Lewis in support of EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement #7 , EX PARTE APPLICATION to Grant Leave for Alternative Service and Expedited Discovery #9 filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit A)(Keyes, J) |
| Filing 13 DECLARATION of J. Michael Keyes in support of EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement #7 , EX PARTE APPLICATION to Grant Leave for Alternative Service and Expedited Discovery #9 filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit A)(Keyes, J) |
| Filing 12 DECLARATION of Frank Kelly in support of EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement #7 , EX PARTE APPLICATION to Grant Leave for Alternative Service and Expedited Discovery #9 filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Keyes, J) |
| Filing 11 DECLARATION of Lisa Adams in support of EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement #7 , EX PARTE APPLICATION to Grant Leave for Alternative Service and Expedited Discovery #9 filed by Plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Keyes, J) |
| Filing 10 APPENDIX filed by Plaintiff Tee Turtle, LLC. Re: EX PARTE APPLICATION to Grant Leave for Alternative Service and Expedited Discovery #9 (Keyes, J) |
| Filing 9 EX PARTE APPLICATION to Grant Leave for Alternative Service and Expedited Discovery filed by plaintiff Tee Turtle, LLC. (Attachments: #1 Proposed Order) (Keyes, J) |
| Filing 8 APPENDIX filed by Plaintiff Tee Turtle, LLC. Re: EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement #7 (Keyes, J) |
| Filing 7 EX PARTE APPLICATION for Temporary Restraining Order as to Copyright and Trade Dress Infringement filed by plaintiff Tee Turtle, LLC. (Attachments: #1 Memorandum in Support of Application for Temporary Restraining Order, #2 Proposed Order [Proposed] Temporary Restraining Order and Exhibit A) (Keyes, J) |
| Filing 6 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Tee Turtle, LLC. (Keyes, J) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES filed by Plaintiff Tee Turtle, LLC (Keyes, J) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by plaintiff Tee Turtle, LLC. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Keyes, J) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Charles F. Eick. (jtil) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Tee Turtle, LLC. (Keyes, J) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31190219 - Fee: $402, filed by plaintiff Tee Turtle, LLC, a Missouri limited liability company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, Part 1, #16 Exhibit O, Part 2, #17 Exhibit O, Part 3, #18 Exhibit O, Part 4, #19 Exhibit O, Part 5, #20 Exhibit O, Part 6, #21 Exhibit P, #22 Exhibit Q, #23 Exhibit R, #24 Exhibit S) (Attorney J Michael Keyes added to party Tee Turtle, LLC, a Missouri limited liability company(pty:pla))(Keyes, J) |
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