Ningob Mizhihe I&E Co., LTD, v. Does 1-200 et al
| Ningob Mizhihe I&E Co., LTD, and Ningbo Mizhihe I&E Co., LTD |
| Yiwi Yalindy Import & Export Co. LTD., Siquk US, Saeedalfar, Unicorn_deales, Rhcpfovr, Fanovo, 4Memorys, E_bayseller007, Shenzhen Ebrain Gifts LTD., Panan Hongrui Arts & Crafts Factory, Deng Kai, V-Fox China Industrial Limited, Ultimatediscountoutlet, Abood.av, Dreshow, Hangzhou Hongrui Import & Export Trading Co. LTD., Shenzhen KRS Building Material Co. LTD., Qunan, Market_place, Yiwu Yuewei Import & Export Co., LTD., Pinifr72, Juvy97, Partyfiesta, Gerne2All, Shinelicia, Chrira_0, Kaholwa, TrangGC70, Danballeto, Younger-tree, Coolandcooler, Does 1-200, Homeexpress, Bohrpeter, Simplecc, Topgalaxy.z, Alittleabout4_3, Shinesun Store, Lifestyle_loot, Ameolela, Bmuk17, Yoocool, Yisi, Sase_52, Naaboy and Observableuniverse |
| 1:2019cv06655 |
| July 17, 2019 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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Filing 50
ORDER FOR ADMISSION PRO HAC VICE: granting #35 Motion for Adam Edward Urbanczyk to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 9/11/2019) (ama)
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Filing 49
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT FANOVO. Pursuant to Rule 41 of the Federal Rules of Civil Procedure, plaintiff Ningbo Mizhihe I&E Co., Ltd. hereby gives notice that its claims in the above-captioned action against Defendant FANOVO are voluntarily dismissed without prejudice. Any assets of FANOVO that are currently frozen pursuant to the preliminary injunction order (Dkt. # 22) shall be released. SO ORDERED., (Fanovo terminated.) (Signed by Judge Alvin K. Hellerstein on 9/11/19) (yv)
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| Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/28/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 47 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/28/2019 before Judge Gregory H. Woods. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019.(McGuirk, Kelly) |
| Filing 46 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Fanovo. Document filed by Ningbo Mizhihe I&E Co., LTD. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ball, Jonathan) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #46 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
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Filing 45
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT SHINELICIA. Pursuant to Rule 41 Plaintiff Ningbo Mizhihe I&E Co., Ltd. hereby gives notice that its claims in the above-captioned action against Defendant Shinelicia are voluntarily dismissed without prejudice. Any assets of Shinelicia that are currently frozen pursuant to the preliminary injunction order (Dkt. # 22) shall be released., (Shinelicia terminated.) (Signed by Judge Alvin K. Hellerstein on 9/6/19) (yv)
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| Filing 44 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS PARTYFIESTA AND COOLANDCOOLER. Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff Ningbo Mizhihe I&E Co., Ltd. hereby gives notice that its claims in the above-captioned action against Defendants partyfiesta and coolandcooler are voluntarily dismissed without prejudice, (Coolandcooler and Partyfiesta terminated.) (Signed by Judge Alvin K. Hellerstein on 9/6/19) (yv) |
| Filing 43 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Shinelicia. Document filed by Ningbo Mizhihe I&E Co., LTD. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ball, Jonathan) |
| Filing 42 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Coolandcooler, Partyfiesta. Document filed by Ningbo Mizhihe I&E Co., LTD. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ball, Jonathan) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #42 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #43 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
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Filing 41
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT YOUNGER-TREE: Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff Ningbo Mizhihe I&E Co., Ltd. hereby gives notice that its claims in the above-captioned action against Defendant Younger-Tree are voluntarily dismissed without prejudice. Any assets of Younger-Tree that are currently frozen pursuant to the preliminary injunction order (Dkt. # 22) shall be released. Younger-tree terminated. (Signed by Judge Alvin K. Hellerstein on 9/4/2019) (mml)
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Filing 40
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT SIQUK US: Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff Ningbo Mizhihe I&E Co., Ltd. hereby gives notice that its claims in the above-captioned action against Defendant SIQUK US are voluntarily dismissed without prejudice. Any assets of SIQUK US that are currently frozen pursuant to the preliminary injunction order (Dkt. #22) shall be released. Siquk US terminated. (Signed by Judge Alvin K. Hellerstein on 9/4/2019) (mml)
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Filing 39
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT AMEOLELA: Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff Ningbo Mizhihe I&E Co., Ltd. hereby gives notice that its claims in the above-captioned action against Defendant Ameolela are voluntarily dismissed without prejudice. Any assets of Ameolela that are currently frozen pursuant to the preliminary injunction order (Dkt. #22) shall be released. SO ORDERED. Ameolela terminated. (Signed by Judge Alvin K. Hellerstein on 9/4/2019) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #36 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #37 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #38 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 38 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Younger-tree. Document filed by Ningob Mizhihe I&E Co., LTD,. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ball, Jonathan) |
| Filing 37 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Siquk US. Document filed by Ningob Mizhihe I&E Co., LTD,. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ball, Jonathan) |
| Filing 36 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Ameolela. Document filed by Ningob Mizhihe I&E Co., LTD,. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ball, Jonathan) |
| Filing 35 MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 4Memorys, Deng Kai, Dreshow. (Attachments: #1 Exhibit Declaration of Adam E. Urbanczyk, #2 Text of Proposed Order on Motion to Appear Pro Hac Vice, #3 Exhibit Certificates of Good Standing, DC / IL / MI)(Urbanczyk, Adam) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jonathan Ball. RE-FILE Document No. #32 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jonathan Ball. RE-FILE Document No. #34 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jonathan Ball. RE-FILE Document No. #33 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (dt) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 34 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Younger-tree and without costs. Document filed by Ningob Mizhihe I&E Co., LTD,. Proposed Order to be reviewed by Clerk's Office staff..(Ball, Jonathan) Modified on 8/30/2019 (dt). |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Siquk US and without costs. Document filed by Ningob Mizhihe I&E Co., LTD,. Proposed Order to be reviewed by Clerk's Office staff..(Ball, Jonathan) Modified on 8/30/2019 (dt). |
| Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Ameolela and without costs. Document filed by Ningob Mizhihe I&E Co., LTD,. Proposed Order to be reviewed by Clerk's Office staff..(Ball, Jonathan) Modified on 8/30/2019 (dt). |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Show Cause Hearing held on 8/28/2019. (Daniels, Anthony) |
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Filing 31
PRELIMINARY INJUNCTION AND ORDER granting #24 Motion for TRO. IT IS HEREBY ORDERED, in accordance with Federal Rules of Civil Procedure 64, N.Y.C.P.L.R. 6201, and the Court's inherent power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted that: 1. Alibaba Defendants, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Preliminary Injunction Order, immediately locate all accounts connected to or associated with the Alibaba Defendants and immediately cease transferring or disposing of any money or other assets residing in those Alibaba Defendants' Accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from Alibaba Defendants Accounts without prior approval of the Court. 2. Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Preliminary Injunction Order, immediately cease transferring or disposing of any money or other assets held on behalf of or in escrow for the Alibaba Defendants, including but not limited to the Alibaba Defendants' AliPay accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from these funds without prior approval of the Court. 3. In the alternative, Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Preliminary Injunction Order, immediately cease transferring or disposing of any money or other assets held on behalf of or in escrow for the Alibaba Defendants, including but not limited to the Alibaba Defendants' AliPay accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from these funds without prior approval of the Court until such funds held on behalf of or in escrow for each Alibaba Defendant accrues to $300,000. Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC may release any additional funds held for a particular Alibaba Defendant in excess of $300,000 to that Alibaba Defendant without leave of Court. IT IS FURTHER ORDERED that this Preliminary Injunction Order shall remain in effect pending the hearing and determination of this action. IT IS FURTHER ORDERED that the security of $25,000 previously posted by plaintiff shall remain to support this Preliminary Injunction. (Signed by Judge Gregory H. Woods on 8/28/2019) (rj)
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| Filing 30 PROPOSED ORDER. Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit Blackline version) Related Document Number: #28 . (Mullaney, Thomas) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 29
ORDER: In advance of today's hearing, Plaintiff is ordered to submit a copy of its proposed preliminary injunction, along with a blackline against the temporary restraining order, Dkt. No. 26. Counsel for Plaintiff is directed to serve this order on Defendants and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/28/2019) (ama)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #30 Proposed Order, was reviewed and approved as to form. (dt) |
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Filing 28
ORDER: On August 26, 2019, Judge Hellerstein scheduled a show cause hearing to take place on August 28, 2019 before the Part I Judge. Dkt. No. 26. The show cause hearing will take place at 4:45 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. Counsel for Plaintiff is directed to serve this order on Defendants and to retain proof of service. SO ORDERED. Show Cause Hearing set for 8/28/2019 at 04:45 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Part I Judge Gregory H. Woods on 8/26/2019) (ama)
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| Filing 27 NOTICE OF APPEARANCE by Julie Pamela Bookbinder on behalf of Ningob Mizhihe I&E Co., LTD,. (Bookbinder, Julie) |
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Filing 26
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, AND TEMPORARY RESTRAINING ORDER. IT IS HEREBY ORDERED that Alibaba Defendants shall appear on the 28 day of August, 2019 at Part 1 of the United States Court for the Southern District of New York at 500 Pearl Street, New York, New York to show cause why an Order, pursuant to Federal Rules of Civil Procedure 64 and 65, Section 502 of the U.S. Copyright Act, 17 U.S.C. 502, and N.Y.C.P.L.R. 6201, and the Court's equitable authority, should not be entered, pending resolution of this case or further order of this Court, granting Plaintiff a preliminary injunction enjoining Alibaba Defendants, their officers, directors, agents, servants representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, in a manner substantially similar to the relief provided in the Temporary Restraining Order below. IT IS FURTHER ORDERED that Alibaba Defendants' answering papers shall be filed and served upon Plaintiff's counsel by email to tmm@mullaw.org, by the 23rd day of August, noon, 2019, and any reply papers shall be filed and served on Defendants by August 27, 2019, noon. IT IS HEREBY ORDERED, in accordance with Federal Rules of Civil Procedure 64, N.Y.C.P.L.R. 6201, and the Court's inherent power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted that: 1. Alibaba Defendants, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Temporary Restraining Order, immediately locate all accounts connected to or associated with the Alibaba Defendants and immediately cease transferring or disposing of any money or other assets residing in those Alibaba Defendants' Accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from Alibaba Defendants Accounts without prior approval of the Court. 2. Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Temporary Restraining Order, immediately cease transferring or disposing of any money or other assets held on behalf of or in escrow for the Alibaba Defendants, including but not limited to the Alibaba Defendants' AliPay accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from these funds without prior approval of the Court. 3. In the alternative, Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Temporary Restraining Order, immediately cease transferring or disposing of any money or other assets held on behalf of or in escrow for the Alibaba Defendants, including but not limited to the Alibaba Defendants' AliPay accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from these funds without prior approval of the Court until such funds held on behalf of or in escrow for each Alibaba Defendant accrues to $300,000. Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC may release any additional funds held for a particular Alibaba Defendant in excess of $300,000 to that Alibaba Defendant without leave of Court. IT IS FURTHER ORDERED that this Temporary Restraining Order shall remain in effect until the date for hearing on the Order to Show Cause set forth above, or such further date as set by the Court. IT IS FURTHER ORDERED the security of $25,000 previously posted by plaintiff shall remain to support the TRO. IT IS FURTHER ORDERED that upon two (2) business days' written notice to the Court and Plaintiff's counsel, any Alibaba Defendant or Alibaba Group (U.S.) Inc. and/or Alibaba.com U.S. LLC may appear and move for the dissolution or modification of the provisions of this Temporary Restraining Order upon an appropriate evidentiary showing. SO ORDERED. (Show Cause Response due by 8/23/2019.) (Signed by Judge Alvin K. Hellerstein on 8/15/19) (yv)
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| Set/Reset Deadlines: Replies due by 8/27/2019. (yv) |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED TEMPORARY RESTRAINING ORDER. Notice to Attorney Thomas Mullaney re: Document #23 Proposed Order to Show Cause Without Emergency Relief was rejected by the Clerk's Office for the following reason, the Temporary Restraining Order should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION for Temporary Restraining Order . . Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Affidavit, #2 Exhibit)(Mullaney, Thomas) |
| Filing 24 MOTION for Temporary Restraining Order . Document filed by Ningob Mizhihe I&E Co., LTD,.(Mullaney, Thomas) |
| Filing 23 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ningob Mizhihe I&E Co., LTD,. (Mullaney, Thomas) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 22
PRELIMINARY INJUNCTION AND ORDER: The Court, having made findings of fact and conclusions of law on the record in open court as to the Defendants at the show cause hearing, IT IS HEREBY ORDERED that the temporary restraining order (D.I. 16) is hereby converted to a preliminary injunction order, which shall remain in effect pending the hearing and determination of this action. (Signed by Judge Jed S. Rakoff, PART I, on 8/8/2019) (jwh)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff in PART I: Motion Hearing held on 8/8/2019 re: #5 EX PARTE MOTION for Temporary Restraining Order . filed by Ningob Mizhihe I&E Co., LTD,, #12 MOTION for Temporary Restraining Order . filed by Ningob Mizhihe I&E Co., LTD,. Injunction granted. (Kotowski, Linda) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17390659. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois and Michigan;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam Edward Urbanczyk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17390659. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 4Memorys, Deng Kai, Dreshow, Yoocool. (Attachments: #1 Exhibit Declaration of Adam Edward Urbanczyk, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing, D.C. Court of Appeals)(Urbanczyk, Adam) Modified on 8/8/2019 (wb). |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/26/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 19 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/26/2019 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2019. Redacted Transcript Deadline set for 9/6/2019. Release of Transcript Restriction set for 11/4/2019.(McGuirk, Kelly) |
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Filing 18
PRELIMINARY INJUNCTION AND ORDER: The Court, having made findings of fact and conclusions of law on the record in open court as to the Defendants at the show cause hearing, IT IS HEREBY ORDERED that the temporary restraining order (D.I. 3) is hereby converted to a preliminary injunction order, which shall remain in effect pending the hearing and determination of this action. (Signed by Judge Alvin K. Hellerstein on 7/31/2019) (ne)
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| Filing 17 LETTER addressed to Judge Alvin K. Hellerstein from Jonathan D. Ball dated 7/29/2019 re: Preliminary Injunction. Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ball, Jonathan) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Show Cause Hearing held on 7/26/2019. (Jones, Brigitte) |
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Filing 16
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Storefronts shall appear on the 8 day of august, 2019 at Part I to show cause why an Order, pursuant to Federal Rules of Civil Procedure 64 and 65, Section 502 of the U.S. Copyright Act, 17 U.S.C. 502, and N.Y.C.P.L.R. 6201, and the Court's equitable authority, should not be entered, pending resolution of this case or further order of this Court, granting Plaintiff a preliminary injunction enjoining Storefronts, their officers, directors, agents, servants representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, in a manner substantially similar to the relief provided in the Temporary Restraining Order below. IT IS HEREBY ORDERED, in accordance with Federal Rules of Civil Procedure 64, N.Y.C.P.L.R. 6201, and the Court's inherent power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted that: Storefronts, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, must, upon receiving actual notice of this Temporary Restraining Order, immediately locate all accounts connected to or associated with the Storefronts and immediately cease transferring or disposing of any money or other assets residing in those Storefronts' Accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from Storefronts' Accounts without prior approval of the Court. IT IS FURTHER ORDERED that this Temporary Restraining Order shall remain in effect until the date for hearing on the Order to Show Cause set forth above, or such further date as set by the Court. IT IS FURTHER ORDERED that the security of $25,000 previously posted by plaintiff shall remain to support this TRO. (As further set forth in this order) Show Cause Response due by 8/5/2019. (Signed by Judge Alvin K. Hellerstein on 7/26/2019) (ne)
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| Filing 15 AFFIDAVIT OF SERVICE. Abood.av served on 7/24/2019, answer due 8/14/2019; Bmuk17 served on 7/24/2019, answer due 8/14/2019; E_bayseller007 served on 7/24/2019, answer due 8/14/2019; Gerne2All served on 7/24/2019, answer due 8/14/2019; Hangzhou Hongrui Import & Export Trading Co. LTD. served on 7/24/2019, answer due 8/14/2019; Homeexpress served on 7/24/2019, answer due 8/14/2019; Panan Hongrui Arts & Crafts Factory served on 7/24/2019, answer due 8/14/2019; Pinifr72 served on 7/24/2019, answer due 8/14/2019; Ultimatediscountoutlet served on 7/24/2019, answer due 8/14/2019. Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Ball, Jonathan) |
| Filing 14 TEMPORARY RESTRAINNING ORDER BOND # 810001942 in the amount of $ 25,000.00 posted by Ningob Mizhihe I&E Co., LTD,. (dt) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION for Temporary Restraining Order . . Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit Entity listing, #2 Exhibit Amazon printout, #3 Exhibit Amazon printout, #4 Exhibit Press release, #5 Affidavit Certification)(Mullaney, Thomas) |
| Filing 12 MOTION for Temporary Restraining Order . Document filed by Ningob Mizhihe I&E Co., LTD,.(Mullaney, Thomas) |
| Filing 11 NOTICE OF APPEARANCE by Thomas M. Mullaney on behalf of Ningob Mizhihe I&E Co., LTD,. (Mullaney, Thomas) |
| Filing 10 AFFIDAVIT OF SERVICE. Deng Kai served on 7/18/2019, answer due 8/8/2019; Dreshow served on 7/18/2019, answer due 8/8/2019; Shenzhen Ebrain Gifts LTD. served on 7/18/2019, answer due 8/8/2019; Shenzhen KRS Building Material Co. LTD. served on 7/18/2019, answer due 8/8/2019. Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ball, Jonathan) |
| Filing 9 DECLARATION of Zhou Na in Support re: #5 EX PARTE MOTION for Temporary Restraining Order .. Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - part 1 of 2, #5 Exhibit 4 - part 2 of 2, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Ball, Jonathan) |
| Filing 8 DECLARATION of Giancarlo L. Scaccia in Support re: #5 EX PARTE MOTION for Temporary Restraining Order .. Document filed by Ningob Mizhihe I&E Co., LTD,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ball, Jonathan) |
| Filing 7 MEMORANDUM OF LAW in Support re: #5 EX PARTE MOTION for Temporary Restraining Order . . Document filed by Ningob Mizhihe I&E Co., LTD,. (Ball, Jonathan) |
| Filing 6 DECLARATION of Giancarlo L. Scaccia in Support re: #5 EX PARTE MOTION for Temporary Restraining Order .. Document filed by Ningob Mizhihe I&E Co., LTD,. (Ball, Jonathan) |
| Filing 5 EX PARTE MOTION for Temporary Restraining Order . Document filed by Ningob Mizhihe I&E Co., LTD,.(Ball, Jonathan) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Ball, Jonathan) |
|
Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER AUTHORIZING ALTERNATIVE SERVICE: THEREFORE, IT IS HEREBY ORDERED that Defendants shall appear on the 26th day of July 2019 at 11:00 am in Courtroom 14D of the United States Court for the Southern District of New York at 500 Pearl Street/1O Centre Street, New York, New York to show cause why an Order, pursuant to Federal Rules of Civil Procedure 64 and 65, Section 502 of the U.S. Copyright Act, 17 U.S.C. 502, and N.Y.C.P.L.R. 6201, and the Court's equitable authority, should not be entered, pending resolution of this case or further order of this Court, granting Plaintiff a preliminary injunction enjoining Defendants, their officers, directors, agents, servants representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, in a manner substantially similar to the relief provided in the Temporary Restraining Order below. IT IS FURTHER ORDERED that Defendants' answering papers shall be filed and served upon Plaintiff's counsel by email ballj@gtlaw.com, by 10 days after service is as provided in this order. IT IS HEREBY ORDERED, in accordance with Federal Rules of Civil Procedure 64, N.Y.C.P.L.R. 6201, and the Court's inherent power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted that: 1. Defendants, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, are enjoined from: Directly or indirectly infringing the Copyrighted Works; and Enabling, facilitating, permitting, assisting, soliciting, encouraging or inducing others to directly or indirectly infringe the Copyrighted Works. IT IS FURTHER ORDERED that Plaintiff shall post security in the amount of $25,000 by corporate surety bond, cash, credit card, or a certified or attorney's check. IT IS HEREBY ORDERED that Plaintiffs motion for leave to take expedited discovery, prior to a Rule 26(f) conference, is GRANTED. Plaintiff may seek discovery from the Online Marketplaces for Defendants' true names, aliases, and all related contact and complete financial account information associated with Defendants' online storefronts, including email addresses, complete financial institution accounts or credit cards linked to Defendants' Accounts. (As further set forth in this order) Show Cause Hearing set for 7/26/2019 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 7/17/2019) (ne) Transmission to Finance Unit (Cashiers) for processing.
|
| Filing 2 CIVIL COVER SHEET filed. (pc) (pne). |
| Filing 1 COMPLAINT against 4Memorys, Abood.av, Alittleabout4_3, Ameolela, Bmuk17, Bohrpeter, Chrira_0, Coolandcooler, Danballeto, Deng Kai, Does 1-200, Dreshow, E_bayseller007, Fanovo, Gerne2All, Hangzhou Hongrui Import & Export Trading Co. LTD., Homeexpress, Juvy97, Kaholwa, Lifestyle_loot, Market_place, Naaboy, Observableuniverse, Panan Hongrui Arts & Crafts Factory, Partyfiesta, Pinifr72, Qunan, Rhcpfovr, Saeedalfar, Sase_52, Shenzhen Ebrain Gifts LTD., Shenzhen KRS Building Material Co. LTD., Shinelicia, Shinesun Store, Simplecc, Siquk US, Topgalaxy.z, TrangGC70, Ultimatediscountoutlet, Unicorn_deales, V-Fox China Industrial Limited, Yisi, Yiwi Yalindy Import & Export Co. LTD., Yiwu Yuewei Import & Export Co., LTD., Yoocool, Younger-tree. (Filing Fee $ 400.00, Receipt Number 465401240029)Document filed by Ningob Mizhihe I&E Co., LTD,.(pc) (Additional attachment(s) added on 7/18/2019: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 PART 1, #4 Exhibit 3 PART 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit Verification by Plaintiff Ningbo Mizhihe I&E Co., Ltd.) (pne). |
| SUMMONS ISSUED as to 4Memorys, Abood.av, Alittleabout4_3, Ameolela, Bmuk17, Bohrpeter, Chrira_0, Coolandcooler, Danballeto, Deng Kai, Does 1-200, Dreshow, E_bayseller007, Fanovo, Gerne2All, Hangzhou Hongrui Import & Export Trading Co. LTD., Homeexpress, Juvy97, Kaholwa, Lifestyle_loot, Market_place, Naaboy, Observableuniverse, Panan Hongrui Arts & Crafts Factory, Partyfiesta, Pinifr72, Qunan, Rhcpfovr, Saeedalfar, Sase_52, Shenzhen Ebrain Gifts LTD., Shenzhen KRS Building Material Co. LTD., Shinelicia, Shinesun Store, Simplecc, Siquk US, Topgalaxy.z, TrangGC70, Ultimatediscountoutlet, Unicorn_deales, V-Fox China Industrial Limited, Yisi, Yiwi Yalindy Import & Export Co. LTD., Yiwu Yuewei Import & Export Co., LTD., Yoocool, Younger-tree. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Jonathan David Ball to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pc) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
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