Longyan Dubaite Qipei Co Ltd v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A
| Longyan Dubaite Qipei Co Ltd |
| The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A", WodeTree Direct Store, Costway.com, Inc., Yiwu Hooya Stationery Co., Ltd., Tangkula LLC, Wang Lin and AIRE Deals |
| 1:2022cv23730 |
| November 14, 2022 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Copyright |
| 17 U.S.C. § 0101 Copyright Infringement |
| Defendant |
Docket Report
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Filing 60
ORDER re #7 Notice of filing Exhibit A filed by Longyan Dubaite Qipei Co Ltd.; on or before January 17, 2023, Plaintiff must add all of the Defendants as parties through CM-ECF. Signed by Chief Judge Cecilia M. Altonaga See attached document for full details. (ps1)
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Filing 59
ORDER grantiing #58 Unopposed Motion to Suspend Proceedings as to Defendant, Tangkula LLC, Defendant Costway.com, Inc., and Defendant Yiwu Hooya Stationary Co Ltd. filed by Longyan Dubaite Qipei Co Ltd. Status Report due by 1/25/2023 regarding the status of the remaining defendants. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)
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| Filing 58 NOTICE of Settlement and Unopposed Motion to Suspend Proceedings as to Defendant Tangkula LLC, Cosway.com Inc and Yiwu Hooya Stationary Co Ltd by Longyan Dubaite Qipei Co Ltd (Attachments: #1 Text of Proposed Order Proposed Order) (Rubio, Humberto) |
| Filing 57 NOTICE of Compliance regarding service Defendant Aire by Longyan Dubaite Qipei Co Ltd re #55 Order Striking,, Set Response/Answer Due Deadline,, Set/Reset Deadlines, (Rubio, Humberto) |
| Filing 56 NOTICE of Compliance regarding service by Longyan Dubaite Qipei Co Ltd re #43 Order (Rubio, Humberto) |
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Filing 55
ORDER STRIKING #53 Answer to Complaint filed by AIRE Deals. AIRE Deals must obtain counsel and file a response/answer by 1/16/2023. Plaintiff shall serve a copy of this Order upon Defendant and file a notice of compliance by January 9, 2023. Signed by Chief Judge Cecilia M. Altonaga on 1/5/2023. See attached document for full details. (ps1) Modified on 1/12/2023 to correct answer due date (ps1).
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| Filing 54 Plaintiff's MOTION for Default Judgment against Defaulting Defendants by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit2, #3 Text of Proposed Order Proposed Order, #4 Text of Proposed Order Proposed Final Judgment)(Rubio, Humberto) |
| Filing 53 VERIFIED ANSWER and Affirmative Defenses to Complaint with Jury Demand by AIRE Deals. (pc) Modified name of filer and docket text on 1/6/2023 (pc). |
| Filing 52 NOTICE of Voluntary Dismissal by Longyan Dubaite Qipei Co Ltd (Rubio, Humberto) |
| Filing 51 NOTICE of Voluntary Dismissal by Longyan Dubaite Qipei Co Ltd (Rubio, Humberto) |
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Filing 50
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 1/11/2023. Signed by Chief Judge Cecilia M. Altonaga on 12/30/2022. See attached document for full details. (ps1)
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| Filing 49 Certificate of Other Affiliates/Corporate Disclosure Statement by Tangkula LLC (Thornburg, Robert) |
| Filing 48 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Tangkula LLC. Attorney Robert Houpt Thornburg added to party Tangkula LLC (pty:dft). (Thornburg, Robert) |
| Filing 47 Certificate of Other Affiliates/Corporate Disclosure Statement by Yiwu Hooya Stationery Co., Ltd. (Thornburg, Robert) |
| Filing 46 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Yiwu Hooya Stationery Co., Ltd.. Attorney Robert Houpt Thornburg added to party Yiwu Hooya Stationery Co., Ltd.(pty:dft). (Thornburg, Robert) |
| Filing 45 Certificate of Other Affiliates/Corporate Disclosure Statement by Costway.com, Inc. (Thornburg, Robert) |
| Filing 44 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Costway.com, Inc.. Attorney Robert Houpt Thornburg added to party Costway.com, Inc.(pty:dft). (Thornburg, Robert) |
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Filing 43
ORDER re #42 Clerk's Entry of Default; Plaintiff shall respond to this Order by 1/5/23. Signed by Chief Judge Cecilia M. Altonaga on 12/29/2022. See attached document for full details. (ps1)
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| Filing 42 Clerk's Entry of Default as to The Individuals, Partnerships and Unincorporated Associations as identified on Schedule A - Motions Terminated: #39 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 12/28/2022. (amb) (Additional attachment(s) added on 12/28/2022: #1 Affidavit) (amb). |
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Filing 41
ORDER dismissing with prejudice Defendants okid96 (Defendant No. 39 on Schedule "A" to the Complaint), rr24hourstore (Defendant No. 44 on Schedule "A" to the Complaint), unogoo_trade05 (Defendant No. 47 on Schedule "A" to the Complaint), easy2buy203 (Defendant No. 56 on Schedule "A" to the Complaint), the-real-deal-usa (Defendant No. 59 on Schedule "A" to the Complaint), ilayma57 (Defendant No. 68 on Schedule "A" to the Complaint), inutile (Defendant No. 70 on Schedule "A" to the Complaint), and supperstore2018 (Defendant No. 78 on Schedule "A" to the Complaint). Signed by Chief Judge Cecilia M. Altonaga on 12/27/2022. See attached document for full details. (wc)
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Filing 40
ORDER granting #37 Wodetree Direct Store's Notice of Settlement and Unopposed Motion to Suspend Proceedings as to Defendant Wodetree Direct Store, or alternatively, Unopposed Motion for Extension of Time to Respond to Complaint and File Scheduling Report. The parties shall file a stipulation for dismissal by January 22, 2023 as to Wodetree Direct Store. Signed by Chief Judge Cecilia M. Altonaga on 12/27/2022. See attached document for full details. (wc)
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| Filing 39 Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A" by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Declaration of Humberto Rubio, #2 Exhibit Schedule A, #3 Text of Proposed Order Default Order)(Rubio, Humberto) |
| Filing 38 NOTICE of Voluntary Dismissal by Longyan Dubaite Qipei Co Ltd (Rubio, Humberto) |
| Filing 37 NOTICE of Settlement AND UNOPPOSED MOTION TO SUSPEND PROCEEDINGS AS TO DEFENDANT WODETREE DIRECT STORE, OR ALTERNATIVELY, UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT AND FILE SCHEDULING REPORT by WodeTree Direct Store (Attachments: #1 Text of Proposed Order) (Ruiz, Oliver) |
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Filing 36
ORDER granting in part #11 Ex Parte Motion for Preliminary Injunction. Signed by Chief Judge Cecilia M. Altonaga on 12/14/2022. See attached document for full details. (ps1)
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| Filing 35 CLERK'S NOTICE of Compliance by Unsealing documents #4 - #18 , #21 pursuant to DE #33 Order. (kpe) |
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Filing 34
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 12/28/2022. Signed by Chief Judge Cecilia M. Altonaga on 12/14/2022. See attached document for full details. (ps1)
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Filing 33
ORDER granting #32 Motion to Unseal. Signed by Chief Judge Cecilia M. Altonaga on 12/14/2022. See attached document for full details. (ps1)
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| Filing 32 Plaintiff's MOTION Unseal by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Text of Proposed Order)(Rubio, Humberto) |
| Filing 31 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 12/14/2022 re #11 Plaintiff's EX PARTE MOTION Ex Parte Motion for Temporary Restraining Order filed by Longyan Dubaite Qipei Co Ltd Total time in court: 0 hour(s) : 40 minutes. Attorney Appearance(s): Humberto Rubio, Jr, Michael A. Dinardo, Oliver Alan Ruiz. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (mc01) |
| Filing 30 NOTICE by Longyan Dubaite Qipei Co Ltd re #29 Response/Reply (Other) (Rubio, Humberto) |
| Filing 29 Plaintiff's REPLY In Support of Prelominary Injunction and in Opposition to Defendant WodeTree's Response by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Exhibit 1)(Rubio, Humberto) |
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Filing 28
PAPERLESS ORDER granting #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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| Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael DiNardo. Filing Fee $ 200.00 Receipt # AFLSDC-16165706 by WodeTree Direct Store. Responses due by 12/27/2022 (Attachments: #1 Text of Proposed Order)(Ruiz, Oliver) |
| Filing 26 Corporate Disclosure Statement by WodeTree Direct Store identifying Corporate Parent SHENZHEN XINYIJIA TECHNOLOGIES, CO., LTD for WodeTree Direct Store (Ruiz, Oliver) |
| Filing 25 NOTICE by WodeTree Direct Store of Filing Response in Opposition to [ECF No. 11]. Attorney Oliver Alan Ruiz added to party WodeTree Direct Store(pty:dft). (Attachments: #1 Declaration of WodeTree Direct Store, #2 Exhibit A - Amazon Product Detail Page for Accused Product, #3 Exhibit B - U.S. Design Patent No. D970248S, #4 Declaration of Michael A. DiNardo, #5 Exhibit C - Plaintiff's Amazon Store) (Ruiz, Oliver) |
| Filing 24 NOTICE of Voluntary Dismissal by Longyan Dubaite Qipei Co Ltd (Rubio, Humberto) |
| Filing 23 NOTICE of Voluntary Dismissal by Longyan Dubaite Qipei Co Ltd (Rubio, Humberto) |
| Filing 22 CERTIFICATE OF SERVICE by Longyan Dubaite Qipei Co Ltd re #20 Summons Issued (Rubio, Humberto) |
| Filing 21 Notice of Filing Bond by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Bond) (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 20 Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A". (amb) |
| Filing 19 NOTICE of Filing Proposed Summons(es) by Longyan Dubaite Qipei Co Ltd (Rubio, Humberto) |
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Filing 18
ORDER granting #17 Ex Parte Motion to Extend Certain Deadlines Contained in the Temporary Restraining Order. Telephonic Hearing reset for 12/14/2022 at 8:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Signed by Chief Judge Cecilia M. Altonaga on 11/29/2022. See attached document for full details. (pes) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe).
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| Filing 17 Plaintiff's EX PARTE MOTION motion to extend TRO dates/deadlines by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
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Filing 16
ORDER On Plaintiff's Motion To Leave To Conduct Expedited Third-Party Discovery. Order granting #13 Ex Parte Motion for Leave to Conduct Expedited Third-Party Discovery. Signed by Chief Judge Cecilia M. Altonaga on 11/22/2022. See attached document for full details. (kpe) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe).
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Filing 15
ORDER Authorizing Alternate Service Of Process On Defendants. Order granting #12 Ex-Parte Motion Authorizing Alternative Service of Process. Signed by Chief Judge Cecilia M. Altonaga on 11/22/2022. See attached document for full details. (kpe) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe).
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Filing 14
ORDER granting #11 Ex Parte Motion for Temporary Restraining Order. Motion Hearing set for 11/30/2022 10:00 AM before Chief Judge Cecilia M. Altonaga. Responses due by 11/29/2022. Signed by Chief Judge Cecilia M. Altonaga on 11/22/2022. See attached document for full details. (kpe) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe).
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| Filing 13 Plaintiff's EX PARTE MOTION for Expedited Third Party Discovery by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 12 Plaintiff's EX PARTE MOTION for Alternative Service of Process by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Declaration of Humberto Rubio in Support Alternate Service, #2 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified text on 11/22/2022 (kpe). Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 11 Plaintiff's EX PARTE MOTION for Temporary Restraining Order by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Schedule A Exhibit 2, #2 Exhibit Declaration Plaintiff, #3 Exhibit Declaration Humberto Rubio, #4 Text of Proposed Order) (Rubio, Humberto) Modified text on 11/22/2022 (kpe). Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 10 Notice of Filing Schedule B by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Schedule B) (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 9 Declaration of Humberto Rubio in Support of Motion for Ex Parte Temporary Restraining Order by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Schedule B) (Rubio, Humberto) Modified o on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 8 Notice of Filing Declaration of Plaintiff by Longyan Dubaite Qipei Co Ltd. (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 7 Notice of Filing Schedule A Exhibit 2 by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Schedule A Exhibit 2) (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
| Filing 6 Notice of Filing Exhibit 1 to Plaintiff's Complaint by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Exhibit 1) (Rubio, Humberto) Modified text on 11/22/2022 (kpe). Modified on 12/14/2022 by Unsealing document per DE 33 Order (kpe). |
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Filing 5
ORDER Granting #4 PLAINTIFF, LONGYAN DUBAITE QIPEI CO., LTD'S MOTION TO FILE UNDER SEAL. Signed by Chief Judge Cecilia M. Altonaga on 11/17/2022. See attached document for full details. (cds) Modified on 12/14/2022 by Unsealing document per DE #33 Order (kpe).
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| Filing 4 Plaintiff's EX PARTE MOTION Motion to Seal by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Text of Proposed Order Proposed Order) (Rubio, Humberto) Modified on 12/14/2022 by Unsealing document per DE #33 Order (kpe). |
| Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Complaint) (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (aao) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16099454, filed by Longyan Dubaite Qipei Co Ltd. (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet)(Rubio, Humberto) |
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