Animaccord Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A
| Animaccord Ltd. |
| Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, eSeller ID # 1, eSeller ID # 2, eSeller ID # 3, eSeller ID # 4, eSeller ID # 5, eSeller ID # 6, eSeller ID # 7, eSeller ID # 8, eSeller ID # 9, eSeller ID # 10, eSeller ID # 11, eSeller ID # 12, eSeller ID # 13, eSeller ID # 14, eSeller ID # 15, eSeller ID # 16, Mehndy Ali also known as Neal Mac doing business as BitShopUSA's booth, Patricia Kirton also known as Patricia Papalardo doing business as www.abirthdayplace.com, Chewys Toy Chest, rufriend, BitShopUSA, Fun Shack, the, alexandra, store, mattys-cute-collectibles, monsterxpart, sellsim, zorkost-, ittybittysweetshop, butterfliesdream, Arch, PartyCreation, Butterfliesdreamc, https, Neal Mac, David Martin doing business as Fun Shack, the, Eitanusha Lavi doing business as alexandra33385, Anastasia Vorona doing business as store_zima, Boris Chifrine doing business as mattys-cute-collectibles, David Tran doing business as monsterxpart, Janis Krumins doing business as sellsim_2day_shipping, Zoryana Kostyrko doing business as zorkost-0, Kaily Green doing business as ittybittysweetshop, Viviana Salazar doing business as butterfliesdream doing business as Butterfliesdreamc, Ruth Gisselle Abreu Muniz doing business as Arch2Crayons, Amalia Gutierrez doing business as PartyCreation, Milaidy Gutierrez doing business as PartyCreation and Patricia Papalardo |
| eBay Inc. |
| 1:2023cv00173 |
| April 14, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| WES REBER PORTER |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 REPLY to Response to Motion re #15 First MOTION for Order to Show Cause MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE HEARING WHY THIRD-PARTY E-BAY INC. SHOULD NOT BE HELD IN CIVIL CONTEMPT FOR WILLFULLY VIOLATING THE TEMPORARY RESTRAINING ORDER filed by Animaccord Ltd.. (Attachments: #1 Declaration of Kerry S. Culpepper, #2 Affidavit of Inna Golovlova, #3 Exhibit "1", #4 Certificate of Service)(Culpepper, Kerry) |
| Filing 51 SUMMONS Returned Executed by Animaccord Ltd.. Patricia Kirton served on 5/23/2023. (Culpepper, Kerry) |
| Filing 50 PLAINTIFF'S NOTICE OF DISMISSAL OF DEFENDANT DAVID MARTIN DBA THE FUN SHACK WITHOUT PREJUDICE by Animaccord Ltd. - Signed by JUDGE LESLIE E. KOBAYASHI. (eta)COURT'S CERTIFICATE OF SERVICE - Ruth Gisselle Abreu Muniz has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 8, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). |
| Filing 49 EO: COURT ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE HEARING [DOC. #15 ]... Because the Motion for Extension is unopposed, the Court finds good cause for the extension of time and, therefore, GRANTS the Motion for Extension. See Fed. R. Civ. P. 6(b)(1)(A). Plaintiff's reply deadline is June 13, 2023. (JUDGE LESLIE E. KOBAYASHI)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 48 MOTION for Extension of Time to File Response/Reply as to #18 Set Motion Deadlines/Hearings (inc F&R),,, Kerry S. Culpepper appearing for Plaintiff Animaccord Ltd. (Attachments: #1 Declaration of Kerry S. Culpepper, #2 Certificate of Service)(Culpepper, Kerry) |
| Filing 46 SEALED Declaration of Larry Taylor (unredacted) in Support of #43 Non-Party eBay Inc.'s Response to Plaintiff's Motion for Order to Show Cause Why eBay Should Not be Held in Civil Contempt; Exhibit "A" - filed by Non-Party eBay Inc. SEALED pursuant to ECF No. re #45 Order (eta) (Additional attachment(s) added on 6/2/2023: #1 Exhibit A) (eta). |
Filing 45
ORDER GRANTING NON-PARTY EBAY INC.'S MOTION FOR LEAVE TO FILE UNDER SEAL DECLARATION OF LARRY TAYLOR AND EXHIBIT "A" TO NON-PARTY EBAY INC.'S RESPONSE TO PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE WHY EBAY SHOULD NOT BE HELD IN CIVIL CONTEMPT FOR WILLFULLY VIOLATING THE TEMPORARY RESTRAINING ORDER [DKT. #15 ] re #44 - Signed by JUDGE LESLIE E. KOBAYASHI on 6/2/2023. (eta)
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| Filing 47 ANSWER to #21 Amended Complaint - by Ruth Gisselle Abreu Muniz. (Attachments: #1 Copies of orders, #2 Mailing Documentation)(eta) |
| Filing 44 Non-Party eBay Inc.'s MOTION for Leave to File DECLARATION OF LARRY TAYLOR AND EXHIBIT A TO NON-PARTY EBAY INC.S RESPONSE TO PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE WHY EBAY SHOULD NOT BE HELD IN CIVIL CONTEMPT FOR WILLFULLY VIOLATING THE TEMPORARY RESTRAINING ORDER [DKT. 15]; ORDER GRANTING NON-PARTY EBAY INC.S MOTION FOR LEAVE TO FILE UNDER SEAL DECLARATION OF LARRY TAYLOR AND EXHIBIT A TO NON-PARTY EBAY INC.S RESPONSE TO PLAINTIFFS MOTION FOR ORDER TO SHOW CAUSE WHY EBAY SHOULD NOT BE HELD IN CIVIL CONTEMPT for WILLFULLY VIOLATING THE TEMPORARY RESTRAINING ORDER [DKT. 15]; CERTIFICATE OF SERVICE Margery S. Bronster appearing for Interested Party eBay Inc. (Attachments: #1 Certificate of Service)(Bronster, Margery) Modified on 6/2/2023 (eta). |
| Filing 43 Non-Party eBay Inc.'s RESPONSE TO #15 PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE WHY EBAY SHOULD NOT BE HELD IN CIVIL CONTEMPT; DECLARATION OF LARRY TAYLOR; EXHIBITS A - B; CERTIFICATE OF SERVICE filed by eBay Inc. (Attachments: #1 Declaration of Larry Taylor, #2 Exhibit "A" (slip sheet), #3 Exhibit "B", #4 Certificate of Service)(Bronster, Margery) Modified on 6/2/2023 (eta). |
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Filing 42
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DAVID M. GRABLE, ESQ. re #40 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/1/2023. (eta)
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Filing 41
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO D. SETH FORTENBERY, ESQ. re #39 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/1/2023. (eta)
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| Filing 40 MOTION for Pro Hac Vice (David M. Grable, Esq.) Filing fee $ 300, receipt number AHIDC-2848187.Margery S. Bronster appearing for ThirdParty Defendant eBay Inc. (Attachments: #1 Declaration of Counsel - PHV (David M. Grable, Esq.))(Bronster, Margery) Modified on 6/1/2023 (eta). |
| Filing 39 MOTION for Pro Hac Vice (D. Seth Fortenbery, Esq.) Filing fee $ 300, receipt number AHIDC-2848174.Margery S. Bronster appearing for ThirdParty Defendant eBay Inc. (Attachments: #1 Declaration of Counsel (M-Appear PHV) D. Seth Fortenbery)(Bronster, Margery) Modified on 6/1/2023 (eta). |
| Filing 38 NOTICE of Appearance by Sunny S.J. Lee on behalf of eBay Inc. on behalf of eBay Inc.. (Attachments: #1 Certificate of Service)(Lee, Sunny) |
| Filing 37 NOTICE of Appearance by Margery S. Bronster on behalf of eBay Inc. on behalf of eBay Inc.. (Attachments: #1 Certificate of Service)(Bronster, Margery) |
| Filing 36 Summons Issued as to Patricia Kirton. (eta) |
| Filing 35 Summons Issued as to Milaidy Gutierrez. (eta) |
| Filing 34 Summons Issued as to Amalia Gutierrez. (eta) |
| Filing 33 Summons Issued as to Ruth Gisselle Abreu Muniz. (eta) |
| Filing 32 Summons Issued as to Viviana Salazar. (eta) |
| Filing 31 Summons Issued as to Kaily Green. (eta) |
| Filing 30 Summons Issued as to Zoryana Kostyrko. (eta) |
| Filing 29 Summons Issued as to Janis Krumins. (eta) |
| Filing 28 Summons Issued as to David Tran. (eta) |
| Filing 27 Summons Issued as to Boris Chifrine. (eta) |
| Filing 26 Summons Issued as to Anastasia Vorona. (eta) |
| Filing 25 Summons Issued as to Eitanusha Lavi. (eta) |
| Filing 24 Summons Issued as to David Martin. (eta) |
| Filing 23 Summons Issued as to Mehndy Ali. (eta) |
| Filing 22 Summons (Proposed) (Attachments: #1 proposed summons, #2 proposed summons, #3 proposed summons, #4 proposed summons, #5 proposed summons, #6 proposed summons, #7 proposed summons, #8 proposed summons, #9 proposed summons, #10 proposed summons, #11 proposed summons, #12 proposed summons, #13 proposed summons)(Culpepper, Kerry) |
| Filing 21 First AMENDED COMPLAINT for (1) TRADEMARK INFRINGEMENT (2) FEDERAL UNFAIR COMPETITION (3) DILUTION (4) H.R.S. 480-2 UNFAIR COMPETITION and (5) COPYRIGHT INFRINGEMENT against Mehndy Ali, David Martin, Eitanusha Lavi, Anastasia Vorona, Boris Chifrine, David Tran, Janis Krumins, Zoryana Kostyrko, Kaily Green, Viviana Salazar, Ruth Gisselle, Abreu Muniz, Amalia Gutierrez, Milaidy Gutierrez, Patricia Kirton, filed by Animaccord Ltd.. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Exhibit "3", #4 Exhibit "4", #5 Exhibit "5")(Culpepper, Kerry) Modified on 5/15/2023 (eta). |
| Filing 20 Declaration of Kerry S. Culpepper re #18 . (Attachments: #1 Exhibit "A")(Culpepper, Kerry) Modified on 5/12/2023 (eta). |
| Filing 19 PLAINTIFF'S NOTICE OF DISMISSAL OF DEFENDANT SELLER ID#2 A/K/A RUFRIEND WITHOUT PREJUDICE by Animaccord Ltd. - Signed by JUDGE LESLIE E. KOBAYASHI (eta) |
| Filing 18 EO: COURT ORDER DIRECTING THIRD-PARTY E-BAY, INC. TO FILE A RESPONSE TO PLAINTIFF ANIMACCORD LTD.'S MOTION FOR ORDER TO SHOW CAUSE HEARING WHY THIRD-PARTY E-BAY INC. SHOULD NOT BE HELD IN CIVIL CONTEMPT FOR WILLFULLY VIOLATING THE TEMPORARY RESTRAINING ORDER.... After reviewing the Show Cause Motion, the Court DIRECTS third-party E-bay, Inc. ("E-bay") to file a response to the Show Cause Motion. E-bay's response must be filed by June 1, 2023 and Plaintiff's optional reply shall be filed by June 8, 2023. Once the Court reviews the briefing, it will determine whether a hearing on the Show Cause Motion is appropriate.Plaintiff's counsel is ORDERED to: transmit a copy of this entering order to E-bay's counsel; and file a declaration confirming that he has done so by May 22, 2023. (JUDGE LESLIE E. KOBAYASHI)(afe) |
| Filing 17 EO: The Telephonic Rule 16 Scheduling Conference is CONTINUED from 6/14/2023 to 8/15/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. Plaintiff shall notify Defendants. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 16 Plaintiff's Scheduling Conference Statement . (Culpepper, Kerry) Modified on 5/8/2023 (eta). |
| Filing 15 First MOTION for Order to Show Cause MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE HEARING WHY THIRD-PARTY E-BAY INC. SHOULD NOT BE HELD IN CIVIL CONTEMPT FOR WILLFULLY VIOLATING THE TEMPORARY RESTRAINING ORDER Kerry S. Culpepper appearing for Plaintiff Animaccord Ltd. (Attachments: #1 Memorandum in support of motion, #2 Declaration of Kerry Culpepper, #3 Exhibit "1", #4 Exhibit "2", #5 Exhibit "3", #6 Exhibit "4", #7 Exhibit "5", #8 Certificate of Service)(Culpepper, Kerry) |
| Filing 14 PLAINTIFF'S NOTICE OF DISMISSAL OF DEFENDANT SELLER ID# 1 A/K/A CHEWYS TOY CHEST WITH PREJUDICE by Animaccord Ltd. Animaccord Ltd. - Signed by JUDGE LESLIE E. KOBAYASHI. (eta) |
| Filing 13 AFFIDAVIT of Service for TRO and Subpoena (Declaration of Kevin Dunn) served on Amazon, E-Bay, Etsy and PayPal on 4/19/2023, filed by Animaccord Ltd.. (Culpepper, Kerry) Modified on 4/20/2023 (eta). |
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Filing 12
ORDER GRANTING PLAINTIFFS' EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND LEAVE TO CONDUCT EARLY DISCOVERY re #8 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/18/2023. ORDERED that a status conference hearing is scheduled for July 18, 2023 at 2:30 p.m. in Courtroom Aha Nonoi of the United States District Court for the District of Hawaii, 300 Ala Moana Blvd. Honolulu, Hawaii 96850, regarding whether Plaintiff has made service on Defendants. (eta)
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| *** Pursuant to ECF No. #12 , a Status Conference - DJ is set for 7/18/2023 02:30 PM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (eta) |
| COURT'S CERTIFICATE of Service - a copy of #1 Complaint, #10 and #11 Report on the Filing or Determination of an Action Regarding a Patent or Trademark has been served by First Class Mail to the Director of U.S. Patent and Trademark Office at Mail Stop 8, Director of the U.S. Patent and Trademark Office, P. O. Box 1450, Alexandria, VA 22313-1450 on April 17, 2023. (eta) |
| Filing 11 NOTICE by Animaccord Ltd. Completed Copyright Report Animaccord Ltd.. (Attachments: #1 Pg 2 of Copyright Report)(Culpepper, Kerry) |
| Filing 10 NOTICE by Animaccord Ltd. re #7 Transmittal of Documents, Completed Report on the Filing or Determination of an Action Regarding a Patent or Trademark Animaccord Ltd.. (Culpepper, Kerry) |
| Filing 9 NOTICE of Case Reassignment; Case reassigned to JUDGE LESLIE E. KOBAYASHI from the TRO assignment wheel for all further proceedings. CHIEF JUDGE DERRICK K. WATSON no longer assigned to case Please reflect Civil case number CV 23-00173LEK-WRP on all further pleadings.. (apg) |
| Filing 8 First MOTION for Temporary Restraining Order , First MOTION for Order to Show Cause why TRO should not become a Preliminary Injunction Kerry S. Culpepper appearing for Plaintiff Animaccord Ltd. (Attachments: #1 Memorandum in support of motion, #2 Declaration of Kerry S. Culpepper, #3 Certificate of Compliance with LR 7.4(b))(Culpepper, Kerry) |
| Filing 7 TRANSMITTAL of DOCUMENTS : Plaintiff's Counsel, please complete the attached AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark and e-file the Report using the filing event "Notice (Other)". The Clerk's Office will transmit the AO 120 Report to the Director of the U.S. Patent and Trademark Office. (eta) |
| Filing 6 Notice to Parties RE: Corporate Disclosure Statements - Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) |
| Filing 5 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 6/14/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 4/14/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00173 DKW-WRP on all further pleadings. (eta) |
| Filing 2 Corporate Disclosure Statement by Animaccord Ltd.. (Culpepper, Kerry) |
| Filing 1 COMPLAINT for (1) TRADEMARK INFRINGEMENT (2) FEDERAL UNFAIR COMPETITION (3) DILUTION (4) H.R.S. 480-2 UNFAIR COMPETITION (5) COPYRIGHT INFRINGEMENT against All Defendants ( Filing fee $ 402 receipt number AHIDC-2826767.), filed by Animaccord Ltd.. (Attachments: #1 Schedule "A", #2 Exhibit "1", #3 Exhibit "2", #4 Exhibit "3", #5 Exhibit "4", #6 Exhibit "5", #7 Schedule "B", #8 Affidavit of INNA GOLOVLOVA, #9 Civil Cover Sheet)(Culpepper, Kerry) |
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