The Big Green Egg, Inc. v. aiyixiao et al
| The Big Green Egg, Inc. |
| w0nymd159, qiaocaijia0, huachenyuai, Anhui Yaliya Biotechnology Co., Ltd., MignonLionelwTzUt, Norr's, Shop910545360, osephineHelenxXcS, Guangzhou Plato Industrial Co., Ltd., Sichuan Adventure Forest Leisure Products Co., Ltd., Guangdong Reason Industrial Co., Ltd., MarcusLouisepTnUbN, liangshan2020, Fujian Steel Egg Hardware Technology Co., Ltd., DeanMickpLmPiZ, Tribe Retail, renpoyi6, Earnestineagahh, pa pa fu 2, huiyi00, KerrNathanielyIaIa, Guangzhou Tucson Industrial Limited Co., xiaoqing1998, mallshop, Harry's, Hebei Quanheng Import And Export Co., Ltd., daicaihong1967, Foshan Nanhai Keyo BBQ Industry Co., Ltd., huangzhiqiang66058, pengqe52, Pro-Tech Precision Machinery Co., Ltd., Fujian Auplex Kamado Grill Co., Ltd., Shop5880602, Shenzhen Yixin New Energy Technology Co., Ltd., yitianxing, Shop910901008, t-shirt017, Fuzhou TOPQ Ceramic Tech Co., Ltd., Fujian Minqing Hengxin Electrical Co., Ltd., Freeman Wells, C and C, Carolynmgl, Fuzhou Kimstone Ceramic Technology Co., Ltd., Shop910715083, Paul Hoyt, Wuxi M.Y. Advanced Grill Co., Ltd., aiyixiao, lfw12302, lfw12303, Yixing Mcd Oven Co., Ltd., xinxiangyin6539, dkxnbffjckmdns, Shop5209014, yiwu Sneeceman Co., Seller Name, Renee Harrington, weangm, Yixing City Joye Technology Co., Ltd., Hangzhou Uniwise International Co., Ltd., Sherryyy, Tonya D. Gordon, Beijing Arcbro Technology Ltd., veumcathie1, yanbujiu7498, Jeffrey Martin, Xinmao electric Co., Yixing Haohong Ceramics Co., Ltd., Shop910904046, angrngp, Shijiazhuang Everfine Co., Ltd., xdhgata, Yixing Kairun Imp And Exp Co., Ltd., chenyingdi Store, fufanghua9, dunhuangz20201, Taizhou Yaxing Plastic Industry Co., Ltd. and Rongyao Factory |
| 1:2020cv04757 |
| November 20, 2020 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Trademark |
| 28 U.S.C. § 1338 |
| None |
Docket Report
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| Document Text |
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| Filing 20 NOTICE of Voluntary Dismissal of Defendant Yixing Haohong Ceramics Co., Ltd. filed by The Big Green Egg, Inc. (Dang, Bao-Ngoc) |
Filing 19
ORDER EXTENDING Ex Parte Temporary Restraining Order, Asset Freeze Order, and Order to Show Case as to Particular Defendants re #13 Order on Motion for Order. The Court finds that Plaintiff has demonstrated good cause for an extension of the TRO for an additional seven (7) days, to January 11, 2021 to serve defendants Carolynmgl, DeanMickpLmPiZ, Earnestineagahh, JosephineHelenxXcS, KerrNathanielyIaIa, MarcusLouisepTnUbN, and MignonLionelwTzUt in accordance with prior Court orders. Signed by Judge Thomas W. Thrash, Jr. on 1/5/2021. (kt)
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Filing 18
PRELIMINARY INJUNCTION ENTERED pursuant to Plaintiff's Request for preliminary injunction [Dkt No. 4]. It is GRANTED as to all Defendants except Defendants Carolynmgl, DeanMickpLmPiZ, Earnestineagahh, JosephineHelenxXcS, KerrNathanielyIaIa, MarcusLouisepTnUbN, MignonLionelwTzUt and any Defendants dismissed prior to entry of this Order. The Court ENTERS a preliminary injunction on the same terms as the Court's earlier Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause. [Dkt. No. 9.] The Court's previous Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause [Dkt. No. 9] is hereby DISSOLVED, except as otherwise ordered. Signed by Judge Thomas W. Thrash, Jr. on 1/5/2021. (kt)
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| Notification of Docket Correction re #9 Temporary Restraining Order edited to reflect #18 Order dissolving TRO. (kt) |
| Filing 17 Minute Entry for Motion Hearing held on 1/4/2021 before Judge Thomas W. Thrash, Jr. re: #12 MOTION for Order to Extend Ex Parte Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause and Reset Preliminary Injunction Hearing Date filed by The Big Green Egg, Inc. Written Order to follow. (Court Reporter Diane Peede)(kt) |
| Clerk's Entry of Dismissal APPROVING #16 Notice of Voluntary Dismissal as to Tribe Retail without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (rvb) |
| Filing 16 NOTICE of Voluntary Dismissal of Defendant Tribe Retail Without Prejudice filed by The Big Green Egg, Inc. (Cooper, Jason) |
| Clerk's Entry of Dismissal APPROVING #14 Notice of Voluntary Dismissal without prejudice as to Defendants Sherryyy, veumcathie1, Tonya D. Gordon and Jeffrey Martin pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (rvb) |
| Filing 15 Return of Service Executed by The Big Green Egg, Inc.. Anhui Yaliya Biotechnology Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Beijing Arcbro Technology Ltd. served on 12/29/2020, answer due 1/19/2021; C and C, Carolynmgl served on 12/29/2020, answer due 1/19/2021; Foshan Nanhai Keyo BBQ Industry Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Freeman Wells served on 12/29/2020, answer due 1/19/2021; Fujian Auplex Kamado Grill Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Fujian Minqing Hengxin Electrical Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Fujian Steel Egg Hardware Technology Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Fuzhou Kimstone Ceramic Technology Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Fuzhou TOPQ Ceramic Tech Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Guangdong Reason Industrial Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Guangzhou Plato Industrial Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Guangzhou Tucson Industrial Limited Co. served on 12/29/2020, answer due 1/19/2021; Hangzhou Uniwise International Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Harry's, Hebei Quanheng Import And Export Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Paul Hoyt served on 12/29/2020, answer due 1/19/2021; MignonLionelwTzUt, Norr's served on 12/29/2020, answer due 1/19/2021; Pro-Tech Precision Machinery Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Rongyao Factory served on 12/29/2020, answer due 1/19/2021; Shenzhen Yixin New Energy Technology Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Shijiazhuang Everfine Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Shop5209014 served on 12/29/2020, answer due 1/19/2021; Shop5880602 served on 12/29/2020, answer due 1/19/2021; Shop910545360 served on 12/29/2020, answer due 1/19/2021; Shop910715083 served on 12/29/2020, answer due 1/19/2021; Shop910901008 served on 12/29/2020, answer due 1/19/2021; Shop910904046 served on 12/29/2020, answer due 1/19/2021; Sichuan Adventure Forest Leisure Products Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Taizhou Yaxing Plastic Industry Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Tribe Retail served on 12/29/2020, answer due 1/19/2021; Wuxi M.Y. Advanced Grill Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Xinmao electric Co. served on 12/29/2020, answer due 1/19/2021; Yixing City Joye Technology Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Yixing Haohong Ceramics Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Yixing Kairun Imp And Exp Co., Ltd. served on 12/29/2020, answer due 1/19/2021; Yixing Mcd Oven Co., Ltd. served on 12/29/2020, answer due 1/19/2021; aiyixiao served on 12/29/2020, answer due 1/19/2021; angrngp served on 12/29/2020, answer due 1/19/2021; chenyingdi Store served on 12/29/2020, answer due 1/19/2021; daicaihong1967 served on 12/29/2020, answer due 1/19/2021; dkxnbffjckmdns served on 12/29/2020, answer due 1/19/2021; dunhuangz20201 served on 12/29/2020, answer due 1/19/2021; fufanghua9 served on 12/29/2020, answer due 1/19/2021; huachenyuai served on 12/29/2020, answer due 1/19/2021; huangzhiqiang66058 served on 12/29/2020, answer due 1/19/2021; huiyi00 served on 12/29/2020, answer due 1/19/2021; lfw12302 served on 12/29/2020, answer due 1/19/2021; lfw12303 served on 12/29/2020, answer due 1/19/2021; liangshan2020 served on 12/29/2020, answer due 1/19/2021; mallshop served on 12/29/2020, answer due 1/19/2021; pa pa fu 2 served on 12/29/2020, answer due 1/19/2021; pengqe52 served on 12/29/2020, answer due 1/19/2021; qiaocaijia0 served on 12/29/2020, answer due 1/19/2021; renpoyi6 served on 12/29/2020, answer due 1/19/2021; t-shirt017 served on 12/29/2020, answer due 1/19/2021; w0nymd159 served on 12/29/2020, answer due 1/19/2021; weangm served on 12/29/2020, answer due 1/19/2021; xdhgata served on 12/29/2020, answer due 1/19/2021; xiaoqing1998 served on 12/29/2020, answer due 1/19/2021; xinxiangyin6539 served on 12/29/2020, answer due 1/19/2021; yanbujiu7498 served on 12/29/2020, answer due 1/19/2021; yitianxing served on 12/29/2020, answer due 1/19/2021; yiwu Sneeceman Co. served on 12/29/2020, answer due 1/19/2021. (Attachments: #1 Exhibit A - List of Defendants Served Via Email on 12.29.2020)(Cooper, Jason) |
| Filing 14 NOTICE of Voluntary Dismissal of Defendants Jeffrey Martin, Renee Harrington, Sherryyy, Tonya D Gordon, and Veumcathie1 Without Prejudice filed by The Big Green Egg, Inc. (Cooper, Jason) |
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Filing 13
ORDER granting #12 Motion to Extend Ex Parte Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause. The Court finds that Plaintiff has demonstrated good cause for an extension of the TRO for an additional fourteen (14) days, to January 4, 2021. Additionally, the hearing on Plaintiff's Motion for Preliminary Injunction is rescheduled and set before the Court for Monday, January 4, 2021 at 2:00 p.m. Signed by Judge Thomas W. Thrash, Jr. on 12/11/2020. (jpk)
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| Set Hearings: Evidentiary Hearing set for 1/4/2021 at 02:00 PM in No Courtroom before Judge Thomas W. Thrash Jr. (jpk) |
| NOTICE OF VIDEO PROCEEDING : Hearing pursuant to the Court's Order #13 , set for 1/4/2021 at 02:00 PM in No Courtroom before Judge Thomas W. Thrash Jr.. Connection Instructions: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://ganduscourts.zoomgov.com/j/1601838168 Webinar ID: 160 183 8168; Passcode: 189956; or join by phone: Dial 669 254 5252 or 646 828 7666; Webinar ID: 160 183 8168; Passcode: 189956 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (smj) |
| Filing 12 MOTION for Order to Extend Ex Parte Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause and Reset Preliminary Injunction Hearing Date with Brief In Support by The Big Green Egg, Inc.. (Attachments: #1 Text of Proposed Order)(Cooper, Jason) |
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Filing 11
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI)
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Filing 10
ORDER GRANTING #5 MOTION for Authorization to Serve Process on Defendants by Electronic Means pursuant to Fed.R.Civ.P. 4(f)(3) filed by The Big Green Egg, Inc. Signed by Judge Thomas W. Thrash, Jr. on 12/4/2020. (kt)
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Filing 9
Dissolved, except as otherwise ordered) TEMPORARY RESTRAINING ORDER, ASSET FREEZE ORDER, AND ORDER TO SHOW CAUSE. This Order shall remain in effect until the date for the hearing on Plaintiff's motion for an order to show cause why a preliminary injunction should not issue or until such further date as set by the Court or stipulated to by the parties. A hearing is set before this Court in the United States Courthouse located at 75 Ted Turner Drive NW, Atlanta, Georgia 30303, Courtroom 2108, on December 11, 2020 at 2:00 p.m. at which time defendants and/or affected personal may challenge the appropriateness of this Order and move to dissolve the same, and at which time the Court will hear argument on Plaintiff's requested preliminary injunction. SERVICE BY ALTERNATE MEANS: After Plaintiff's counsel has received confirmation that the Financial Institutions and/or Marketplaces have restrained Defendants' funds as directed herein. Plaintiff shall serve copies of the Complaint, Motion for TRO, and this Order on each Defendant by electronic mail using email addresses provided by the Marketplaces, Financial Institutions, or Defendants themselves or by other electronic means reasonably calculated to provide notice to all Defendants. Any response or opposition to Plaintiff's motion for preliminary injunction must be served on Plaintiffs counsel by 12/9/2020 and filed with the Court, along with Proof of Service. Plaintiff shall file any reply memorandum prior to the hearing set for 12/11/2020. The above dates may be revised upon stipulation by all parties and approval of this Court.This Temporary Restraining Order expires within fourteen (14) days unless extended for good cause. 9kt) Signed by Judge Thomas W. Thrash, Jr. on 12/7/2020. (kt) Modified on 1/5/2021 (kt).
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| Filing 8 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: deferring ruling on #4 Motion for TRO; deferring ruling on #5 Motion for Service; Motion Hearing held on 12/3/2020 re #4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by The Big Green Egg, Inc. ; (Preliminary Injuction Hearing set for 12/11/2020 at 02:00 PM via Zoom Judge Thomas W. Thrash Jr.). (Court Reporter Diane Peede)(kt) |
| NOTICE OF VIDEO PROCEEDING : Preliminary Injunction Hearing set for 12/11/2020 at 02:00 PM in No Courtroom before Judge Thomas W. Thrash Jr.. Connection Instructions: Please click this URL to join. https://ganduscourts.zoomgov.com/j/1614540830 Passcode: 461816, Webinar ID: 161 454 0830, Dial 669-254-5252. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (smj) Modified on 11/25/2020 (smj). |
| NOTICE OF VIDEO PROCEEDING re: #4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED. Motion Hearing set for 12/3/2020 at 10:00 AM in No Courtroom before Judge Thomas W. Thrash Jr.. Connection Instructions: Please click this URL to join. https://ganduscourts.zoomgov.com/j/1616383712 Passcode: 560893, Webinar ID: 161 638 3712, Dial 669-254-5252 or 646-828-7666.You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (smj) |
| Filing 7 Electronic Summons Issued as to All Defendants. (rvb) |
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Filing 6
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb)
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| Submission of #5 MOTION for Authorization to Serve Process on Defendants by Electronic Means pursuant to Fed.R.Civ.P. 4(f)(3), #4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Thomas W. Thrash Jr.. (rvb) |
| Filing 5 MOTION for Authorization to Serve Process on Defendants by Electronic Means pursuant to Fed.R.Civ.P. 4(f)(3), by The Big Green Egg, Inc. (Attachments: #1 Brief, #2 Text of Proposed Order)(rvb) Modified on 11/23/2020 to add motion text (rvb). |
| Filing 4 MOTION for Ex Parte Temporary Restraining Order, Asset Freeze Order and Order to Show Cause IMMEDIATE HEARING REQUESTED with Brief In Support by The Big Green Egg, Inc. (Attachments: #1 Brief, #2 Declaration Hooper, #3 Declaration Sladkus, #4 Text of Proposed Order)(rvb) |
| Filing 3 Certificate of Interested Persons by The Big Green Egg, Inc. (rvb) |
| Filing 2 AO Form 120 forwarded to Commissioner. (rvb) |
| Filing 1 COMPLAINT filed by The Big Green Egg, Inc. (Filing fee $400, receipt number AGANDC-10401636) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(rvb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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