Wang v. The Partnerships and Unincorporated Organizations in Schedule A
| Xianfeng Wang |
| The Partnerships and Unincorporated Organizations in Schedule A, The Partnerships and Unincorporated Associations identified on Schedule A, CVNC USA and SOLSHINE |
| Ebay Inc. |
| 8:2023cv02787 |
| December 6, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
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Filing 48
NOTICE of voluntary dismissal by Xianfeng Wang (DeWitty, Robert)
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Filing 47
NOTICE of voluntary dismissal by Xianfeng Wang (DeWitty, Robert)
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Filing 46
RESPONSE in Opposition re #35 MOTION for Preliminary Injunction filed by Ebay Inc.. (Attachments: #1 Affidavit of Nic Conlin with Exhibits 1-4)(Rankin, Nicole)
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Filing 45
RESPONSE in Opposition re #35 MOTION for Preliminary Injunction filed by CVNC USA, SOLSHINE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Heitner, Darren)
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Filing 44
ENDORSED ORDER denying as moot Non-Party eBay Inc.'s Motion for Relief from, or to Modify, the Blanket Asset Freeze Mandated by the Temporary Restraining Order. (Doc. #42). The Temporary Restraining Order expired on January 11, 2024, at 5:12 PM. (Doc. # 29). Therefore, the asset freeze provisions from which eBay Inc. seeks relief are no longer in effect. To prevent further uncertainty, Plaintiff is directed to provide notice of this order to the third-party entities who were responsible for implementing the asset freeze provided for in the Temporary Restraining Order, including in Paragraphs 6(b) and 9, by February 5, 2024. Signed by Judge Virginia M. Hernandez Covington on 1/30/2024. (JAK)
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Filing 43
NOTICE by Ebay Inc. re #42 MOTION for Miscellaneous Relief, specifically Relief from, or to Modify, the Blanket Asset Freeze Mandated by the Termporary Restraining Order and Incorporated Memorandum of Law Notice of Filing Declaration of Nic Conlin and Exhibits thereto in Support of Motion (Attachments: #1 Exhibit A - Declaration of Nic Conlin, #2 Exhibit 1 to Declaration of Conlin, #3 Exhibit 2 to Declaration of Conlin, #4 Exhibit 3 to Declaration of Conlin, #5 Exhibit 4 to Declaration of Conlin)(Rankin, Nicole) Modified text on 1/29/2024 (KME).
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Filing 42
MOTION for Miscellaneous Relief, specifically Relief from, or to Modify, the Blanket Asset Freeze Mandated by the Termporary Restraining Order and Incorporated Memorandum of Law by Ebay Inc. (Attachments: #1 Exhibit registration_redacted, #2 Exhibit NC SoS Search results, #3 Exhibit Wang's sales and listing history, #4 Exhibit composite)(Mercier, Judith) Modified text on 1/29/2024 (KME). Added MOTION to Modify on 1/29/2024 (KME).
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Filing 41
ENDORSED ORDER setting Video Status Conference for 2/5/2024 at 03:00 PM before Magistrate Judge Amanda Arnold Sansone. The court will send counsel a calendar entry containing a link to the videoconference information. Signed by Magistrate Judge Amanda Arnold Sansone on 1/25/2024. (BEE)
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Filing 40
ENDORSED ORDER granting #39 Motion to File Response to #35 Motion for Preliminary Injunction by 2/1/2024. Signed by Magistrate Judge Amanda Arnold Sansone on 1/17/2024. (BEE)
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Filing 39
MOTION for Miscellaneous Relief, specifically To Set Briefing Schedule by CVNC USA, SOLSHINE. (Attachments: #1 Text of Proposed Order)(Heitner, Darren)
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Filing 38
SECOND NOTICE TO COUNSEL Robert DeWitty of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK)
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Filing 37
ENDORSED ORDER REFERRING MOTION: The motion for preliminary injunction (Doc. #35) is hereby referred to the Honorable Amanda A. Sansone, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 1/11/2024. (JAK) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 36
MEMORANDUM in support re #35 Motion for Preliminary Injunction filed by Xianfeng Wang. (DeWitty, Robert)
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Filing 35
MOTION for Preliminary Injunction by Xianfeng Wang. (Attachments: #1 Exhibit)(DeWitty, Robert)
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Filing 34
RETURN of service executed on 12/18/2023 by Xianfeng Wang as to All Defendants. (DeWitty, Robert)
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Filing 33
NOTICE of Appearance by Alan Wilmot on behalf of CVNC USA, SOLSHINE (Wilmot, Alan)
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Filing 32
NOTICE of Appearance by Darren Adam Heitner on behalf of CVNC USA, SOLSHINE (Heitner, Darren)
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Filing 29
ENDORSED ORDER: Plaintiff Wang's Motion to Extend the Temporary Restraining Order (Doc. #28) is granted. The Court finds good cause to extend the temporary restraining order. The temporary restraining order (Doc. #21) shall expire on January 11, 2024, at 5:12 PM. The provisions and timeframes provided in the temporary restraining order for completing expedited discovery and disabling and ceasing "display[ of] any advertisements used by or associated with Defendants in connection with the sale of counterfeit and infringing goods using the Plaintiff patent" shall remain the same, as will the requirements for "banks, credit card companies, or payment processing companies" with actual notice of the Order and for entities responsible for "identify[ing] and restrain[ing] all funds." (Id. at 4-8, 10-11). Signed by Judge Virginia M. Hernandez Covington on 12/28/2023. (JAK)
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Filing 28
First MOTION for Extension of Time to File Preliminary Injunction by Xianfeng Wang. (DeWitty, Robert)
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Filing 31
Surety BOND in the amount of $ 25,000 posted by Xianfeng Wang. (KME)
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Filing 30
NOTICE of Submission of Surety Bond by Xianfeng Wang. (Attachments: #1 Exhibit)(KME)
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Filing 27
ENDORSED ORDER granting Plaintiff's request for a two-day extension of the deadline to post a surety bond contained in his Notice of Satisfaction of Surety Bond. (Doc. #25). Plaintiff must deposit with the Court $25,000 by December 22, 2023. Signed by Judge Virginia M. Hernandez Covington on 12/21/2023. (JAK)
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Filing 26
Second SEALED DOCUMENT Schedule A; Exhibit B re 22 Order directing compliance by Xianfeng Wang (Attachments: #1 Exhibit Exhibit B)(DeWitty, Robert).
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Filing 25
NOTICE by Xianfeng Wang re #21 Order on Motion for Temporary Restraining Order Notice of Satisfaction of Bond (Attachments: #1 Exhibit Exhibit 1)(DeWitty, Robert)
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Filing 24
SUMMONS issued as to The Partnerships and Unincorporated Associations identified on Schedule A. (JK)
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Filing 23
PROPOSED SUMMONS to be issued by Xianfeng Wang. (DeWitty, Robert). Modified docket text and motion terminated per chambers on 12/18/2023 (JK).
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Filing 22
ENDORSED ORDER: Plaintiff is directed to refile Schedule A and Exhibit B on the record. Plaintiff is permitted to refile these documents under seal. Signed by Judge Virginia M. Hernandez Covington on 12/15/2023. (JAK)
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Filing 21
ORDER granting Plaintiff's Motion for Entry of a Temporary Restraining Order. (Doc. #18). See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/15/2023. (JAK)
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Filing 20
NOTICE TO COUNSEL Robert DeWitty of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK)
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Filing 19
MEMORANDUM in support re #18 Motion for Temporary Restraining Order filed by Xianfeng Wang. (DeWitty, Robert)
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Filing 18
Second MOTION for Temporary Restraining Order by Xianfeng Wang. (Attachments: #1 Affidavit Declaration of Robert M. DeWitty)(DeWitty, Robert)
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Filing 17
ENDORSED ORDER: The Clerk is directed to strike the sealed Motion for Entry of a Temporary Restraining Order (Doc. #15) and memorandum in support of the motion. (Doc. #16). Plaintiff does not have permission to file a motion for a temporary restraining order under seal. Plaintiff is only permitted to file Exhibit B and Schedule A under seal. (Doc. # 6). Plaintiff is free to refile the motion for a temporary restraining order on the public record, if they so choose. Signed by Judge Virginia M. Hernandez Covington on 12/13/2023. (JAK)
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Filing 16
**STRICKEN per 17 Order** First SEALED MOTION Memorandum in support of Temporary Restraining Order re 6 Order on Motion for Leave to File Under Seal by Xianfeng Wang (DeWitty, Robert). Modified on 12/14/2023 (SPM).
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Filing 15
**STRICKEN per 17 Order** First SEALED MOTION Temporary Restraining Order re 6 Order on Motion for Leave to File Under Seal by Xianfeng Wang (Attachments: #1 Declaration of Robert M. DeWitty, #2 Schedule A, #3 Exhibit B)(DeWitty, Robert). Modified on 12/14/2023 (SPM).
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Filing 14
ENDORSED ORDER granting #12 Motion to Appear Pro Hac Vice. Attorney Robert M. DeWitty may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 12/12/2023. (BEE)
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Filing 13
CORPORATE Disclosure Statement by Xianfeng Wang. (DeWitty, Robert)
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Filing 12
First MOTION for Robert M. DeWitty to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21554064 for $150 by Xianfeng Wang. (DeWitty, Robert) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 11
NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (MEJ)
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Filing 10
NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ)
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Filing 9
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (MEJ)
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Filing 8
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 12/8/2023. (MEJ)
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Filing 7
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MEJ)
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Filing 6
ENDORSED ORDER: The Motion for Leave to File Under Seal and/or Redacted Documents for Good Cause (Doc. #2) is granted. Plaintiff Wang is permitted to file the documents specified in the motion under seal to permit Wang to move for a temporary asset restraint. Additionally, while Wang states that he "has moved for a temporary asset restraint" (Doc. #2 at 2), the Court has not yet received this motion. If Wang seeks a temporary restraining order, he is directed to file a motion. The documents specified in the motion will only remain under seal until the Court has ruled on the request for a temporary restraining order. Additionally, the Court advises that a motion for a temporary restraining order should be filed separately from a motion for preliminary injunction, as they seek different forms of injunctive relief and should not be combined in one motion. Signed by Judge Virginia M. Hernandez Covington on 12/7/2023. (JAK)
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Filing 5
Patent Report electronically sent to the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (HAI)
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Filing 4
NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-02787-VMC-AAS. (AM)
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Filing 3
NOTICE TO COUNSEL Robert M. DeWitty Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee. (Signed by Deputy Clerk). (AM) Modified text on 12/8/2023 (AG).
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Filing 2
First MOTION for leave to file DOCUMENT Schedule A; Exhibit B under seal by Xianfeng Wang (DeWitty, Robert).
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Filing 1
COMPLAINT against The Partnerships and Unincorporated Associations identified on Schedule A with Jury Demand (Filing fee $405 receipt number AFLMDC-21536103) filed by Xianfeng Wang. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(DeWitty, Robert) Modified text on 12/7/2023 (AM). Modified to edit docket text on 12/7/2023 (HAI).
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