Mattel Inc. v. The Entities Doing Business as Goodmenow at the URL Goodmenow.com et al
| ABC and Mattel Inc. |
| The Entities Doing Business as Goodmenow at the URL Goodmenow.com, John Doe Nos 1-5, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, ABC Entity Nos. 1-5, DEF, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, Xing Cheng, Yokawa Network Limited and Xin Cheng |
| 1:2020cv11075 |
| December 30, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Naomi Reice Buchwald |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 75 MANDATE of USCA (Certified Copy) as to #64 Notice of Interlocutory Appeal, filed by The Entities Doing Business as Meetgoodtimes at the RLMeetgoodtimes.com, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com USCA Case Number 21-1013. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/13/2021..(tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #75 USCA Mandate. (tp) |
| Filing 74 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, with prejudice against the defendant(s) ABC Entity Nos. 1-5, Xin Cheng, Xing Cheng, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mattel Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Dunnegan, William) |
| Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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, with prejudice against the defendant(s) ABC Entity Nos. 1-5, Xin Cheng, Xing Cheng, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mattel Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Dunnegan, William) Modified on 12/7/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney William Dunnegan. RE-FILE Document No. #73 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #74 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Naomi Reice Buchwald for approval for the following reason(s): the order filed February 13, 2021 (Dkt. 55), shall be of no further force or effect. (dt) |
Filing 72
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. Motions terminated: #71 JOINT MOTION for Protective Order filed by Yokawa Network Limited, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com. (Signed by Judge Naomi Reice Buchwald on 9/1/2021) (mml)
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| Filing 71 JOINT MOTION for Protective Order . Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited. (Attachments: #1 Text of Proposed Order Proposed protective order).(Kramer, Katherine) |
| Filing 70 ANSWER to #67 Counterclaim. Document filed by Mattel Inc...(Dunnegan, William) |
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Filing 69
STIPULATION IT IS HEREBY stipulated and agreed, by and between the parties, through their undersigned counsel, that: 1. The parties will exchange voluntary disclosures before July 15. 2. Thereafter, the parties may seek additional discovery in accordance with theFederal Rules. 3. The parties will jointly submit a proposed protective order. 4. The parties will complete fact discovery by December 1, 2021. 5. The parties will complete expert discovery by January 14, 2022. The discovery schedule is approved and the conference scheduled for July 7, 2021 at 11am is canceled.( Expert Discovery due by 1/14/2022. Fact Discovery due by 12/1/2021.) (Signed by Judge Naomi Reice Buchwald on 7/6/2021) (ate)
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| Filing 68 PROPOSED STIPULATION AND ORDER. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 67 ANSWER to #44 Amended Complaint,,., COUNTERCLAIM against Mattel Inc.. Document filed by The Entities Doing Business as Goodmenow at the URL Goodmenow.com, Yokawa Network Limited, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entites Doin Business as Feelitnice at the URLFeelitnice.com..(Chen, Jacob) |
| Filing 66 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited..(Chen, Jacob) |
| Filing 65 AFFIDAVIT OF SERVICE of Request, Certificate, Supplemental Summons, Amended Complaint with Exhibits served on Yokawa Network Limited on April 27, 2021. Service was accepted by Ms. Chung, director. Document filed by Mattel Inc.., AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Yokawa Network Limited served on 4/27/2021, answer due 6/28/2021. Service was accepted by Ms. Chung, director. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 64 NOTICE OF INTERLOCUTORY APPEAL from #63 Order,. Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com. Filing fee $ 505.00, receipt number ANYSDC-24429451. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Kramer, Katherine) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #64 Notice of Interlocutory Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #64 Notice of Interlocutory Appeal, filed by The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com were transmitted to the U.S. Court of Appeals. (tp) |
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Filing 63
MEMORANDUM AND ORDER: In sum, for the reasons set forth above, defendants' motion is denied. An award of damages, attorney's fees or costs would be unreasonable in these unique circumstances. See Astra Oil Trading NV v. PRSI Trading Co. LP, 794 F. Supp. 2d 462, 475 (S.D.N.Y. 2011). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/12/2021) (ks)
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| Filing 62 LETTER REPLY to Response to Motion addressed to Judge Naomi Reice Buchwald from Jacob Chen dated February 26, 2021 re: #56 LETTER MOTION for Conference re: #55 Order on Motion for Conference, addressed to Judge Naomi Reice Buchwald from Jacob Chen dated February 17, 2021. . Document filed by ABC Entity Nos. 1-5, Xin Cheng, Xing Cheng, DEF, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited. (Attachments: #1 Exhibit Order).(Chen, Jacob) |
| Filing 61 LETTER addressed to Judge Naomi Reice Buchwald from William Dunnegan dated March 2, 2021 re: response to the letter of Jacob Chen, Esq. filed February 26, 2021 (Dkt. 60). Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 60 LETTER REPLY to Response to Motion addressed to Judge Naomi Reice Buchwald from Jacob Chen dated February 26, 2021 re: #56 LETTER MOTION for Conference re: #55 Order on Motion for Conference, addressed to Judge Naomi Reice Buchwald from Jacob Chen dated February 17, 2021. . Document filed by ABC Entity Nos. 1-5, Xin Cheng, Xing Cheng, DEF, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited..(Chen, Jacob) |
| Filing 59 LETTER addressed to Judge Naomi Reice Buchwald from William Dunnegan dated February 22, 2021 re: Defendant's February 17, 2021 Letter Dkt. 56. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 1/19/2021 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 57 TRANSCRIPT of Proceedings re: Oral Argument held on 1/19/2021 before Judge Naomi Reice Buchwald. 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 3/11/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/19/2021..(McGuirk, Kelly) |
| Filing 56 LETTER MOTION for Conference re: #55 Order on Motion for Conference, addressed to Judge Naomi Reice Buchwald from Jacob Chen dated February 17, 2021. Document filed by ABC Entity Nos. 1-5, Xin Cheng, Xing Cheng, DEF, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited..(Chen, Jacob) |
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Filing 55
MEMORANDUM AND ORDER terminating #29 Letter Motion for Conference. The amended order of attachment, ECF No. 37, is hereby vacated. Defendants are preliminarily enjoined from withdrawing from PayPal funds that would deplete defendants total account balance to less than $13,176.44. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/13/21) (yv)
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| Filing 54 LETTER addressed to Judge Naomi Reice Buchwald from William Dunnegan dated February 8, 2021 re: response to the Court's letter dated and filed February 4, 2021, and transmitted through ECF on February 5, 2021, at 11:30 a.m.. Document filed by Mattel Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Dunnegan, William) |
| Filing 53 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Jacob Chen dated February 8, 2021 re: #39 LETTER MOTION for Discovery pursuant to Rules 26(d)(1) and 45 for an order authorizing Mattel to conduct limited discovery addressed to Judge Naomi Reice Buchwald from William Dunnegan dated January 25, 2021. . Document filed by ABC Entity Nos. 1-5, Xin Cheng, Xing Cheng, DEF, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited. (Attachments: #1 Exhibit Hong Kong Court Judgment, #2 Exhibit PayPal Letter, #3 Exhibit Fourth Declaration of Xin Cheng).(Chen, Jacob) |
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Filing 52
ENDORSED LETTER addressed to Counsel from Judge Naomi Reice Buchwald dated 2/4/2021 re: The Court has reviewed the parties' submissions in support of and in opposition to Mattel Inc.'s (Mattel) motion for an order of attachment, ECF Nos. 22, 38, 48, and has concluded that additional information and briefing is needed before the Court can resolve the motion. For the avoidance of doubt, the Court is not soliciting additional briefing on the merits of the trademark and counterfeiting claims alleged in Mattels amended complaint. Instead, the parties shall answer, in letter format, the precise questions set forth by the Court below. For Mattel: As Mattel seeks to utilize N.Y. C.P.L.R. 6201(1) as the basis for the attachment, it is common ground that Mattel must comply with the statute. Most fundamentally, there must be an attachable res in New York. It is not disputed that PayPal is not subject to general jurisdiction in New York. From the parties' perspectives in this litigation, the relevant PayPal entity is either in California or Hong Kong. Moreover, Mattels request in the Order to Show Cause to serve PayPal in California is an acknowledgment that service could not be made on PayPal in New York in the context of this litigation. Recognizing the necessity of establishing PayPal's presence in New York for purposes of finding an attachable asset in New York, Mattel has asserted two arguments. From this Court's perspective, there are serious questions going to the merits of both. First, Mattel asserts that PayPal has consented to jurisdiction. Whatever that means (and we see no evidence in the record of such consent), that is not the same as PayPal placing an attachable asset of defendants in New York. Indeed, any such "consent" would seem more properly understood as a statement by PayPal that it has no intent to resist, and will comply, with a federal court order so long as it is in effect. Second, Mattel has relied on Hotel 71 Mezz Lender LLC v. Falor, 14 N.Y.3d 303, 926 N.E.2d 1202 (2010). That case found that the Court had the authority to order prejudgment attachment of out-of-state assets that the defendant owned or controlled where the defendant had submitted to personal jurisdiction in New York and where defendant was served while in New York. While in Hotel 71 the debtor consented to personal jurisdiction, it is indisputable that the defendants here are not subject to general jurisdiction in New York and there is a viable argument that they are not subject to specific jurisdiction in the underlying litigation. Moreover, defendants have maintained with some force that debt/res is not in New York. If there are additional arguments that you can advance that resolve the Court's expressed concerns, we would welcome them. For Defendants: Defendants argue that the Court should exercise its discretion and deny the attachment because plaintiff has failed to describe an identifiable risk that the defendant will not be able to satisfy the judgment. ECF No. 38 at 15-16. However, defendants have not set forth the mechanism which Mattel could utilize to collect a judgment in Hong Kong in the event that all of defendants' funds are located there. For example, is there a treaty between the United States and Hong Kong concerning the recognition and enforcement of foreign judgments in Hong Kong and a history of such recognition and enforcement? The Court has been informed that restrictions other than the attachment have been placed on defendants' accounts at PayPal. Please clarify which entity PayPal Inc., PayPal Hong Kong Limited, or another PayPal entity attached the funds in defendants' accounts and which entity placed the additional restrictions on defendants' accounts. Given the parties' arguments regarding the amount of the attachment, defendants are requested to promptly clarify exactly how many Day of the Dead dolls they sold. Relatedly, how many Day of the Dead dolls do defendants presently maintain in their inventory? ENDORSEMENT: The Court would appreciate your responses as soon as possible, but in no event later than 4 PM. EST on Monday, February 8, 2021. So Ordered (Signed by Judge Naomi Reice Buchwald on 2/4/2021) (js)
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| Filing 51 ELECTRONIC SUMMONS ISSUED as to Yokawa Network Limited..(jgo) |
| Filing 50 ELECTRONIC SUMMONS ISSUED as to Xing Cheng..(jgo) |
| Filing 49 ELECTRONIC SUMMONS ISSUED as to Xin Cheng..(jgo) |
| Filing 48 MEMORANDUM OF LAW in Support re: #19 Order to Show Cause,,,,,,,, Reply. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 47 REQUEST FOR ISSUANCE OF SUMMONS as to Xing Cheng, re: #44 Amended Complaint,,. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to Xin Cheng, re: #44 Amended Complaint,,. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to Yokawa Network Limited, re: #44 Amended Complaint,,. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 44 AMENDED COMPLAINT amending #4 Complaint,, against ABC Entity Nos. 1-5, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com, Yokawa Network Limited, Xin Cheng, Xing Cheng with JURY DEMAND.Document filed by Mattel Inc.. Related document: #4 Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Dunnegan, William) |
| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/21/21 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 42 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/21/2021 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: George Malinowski, (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 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021..(McGuirk, Kelly) |
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Filing 41
ORDER: denying #39 Letter Motion for Discovery. By letter dated January 25, 2021, plaintiff sought extensive expedited discovery from defendants and third party PayPal. ECF No. 39. Further, plaintiff requested that the sought after discovery be conducted and completed in advance of the February 1, 2021 due date for plaintiff's reply papers. Id. Plaintiff's letter wholly fails to justify either the scope or timing of the requested discovery. Accordingly, plaintiff's application for expedited discovery is DENIED. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/26/2021) (ama)
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| Filing 40 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 26, 2021 re: #39 LETTER MOTION for Discovery pursuant to Rules 26(d)(1) and 45 for an order authorizing Mattel to conduct limited discovery addressed to Judge Naomi Reice Buchwald from William Dunnegan dated January 25, 2021. . Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Kramer, Katherine) |
| Filing 39 LETTER MOTION for Discovery pursuant to Rules 26(d)(1) and 45 for an order authorizing Mattel to conduct limited discovery addressed to Judge Naomi Reice Buchwald from William Dunnegan dated January 25, 2021. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 38 OPPOSITION BRIEF re: #22 Memorandum of Law in Support of Motion for Attachment. Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com. (Attachments: #1 Declaration of Jacob Chen, #2 Exhibit 1 to Chen Decl., #3 Exhibit 2 to Chen Decl., #4 Third Decl. of Xin Cheng).(Kramer, Katherine) |
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Filing 37
Vacated as per Judges Order dated 02/16/2021, Doc. # 55 ORDER MODIFYING ORDER TO SHOW CAUSE FOR AN ATTACHMENT ORDER AND A TEMPORARY RESTRAINING ORDER: ORDERED that, pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure and New York CPLR 6201 and 6210, pending the hearing on Mattel's application for an order of prejudgment attachment, the funds of each Defendant and/or Yokawa Network Ltd. in its accounts at PayPal, including the eleven accounts identified to date by PayPal as being owned by Yokawa Network, Ltd., including the accounts with the following final four digits: as set forth herein. up to the total amount, in all accounts, of $2,800,000, hereby are attached up to the amount of $2,800,000 and no further; and it is further ORDERED that each Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any of them who receive actual notice of this order, be, and hereby are, TEMPORARILY RESTRAINED from: (1) transferring or withdrawing, or causing to be transferred or withdrawn, any funds from any account of any Defendant at PayPal, including the 11 accounts identified in the prior paragraph, if such transfer or withdrawal would result in Defendants' total account balances at PayPal falling below $2,800,000, and/or (2) receiving any funds from anyaccount of any Defendant at PayPal, including the 11 accounts identified in the prior paragraph, if such transfer or withdrawal would result in Defendants' total account balances at PayPal falling below $2,800,000, pending further order of the Court; and it is further ORDERED that PayPal shall hold funds of Defendants up to the total amount of $2,800,000, and shall not pay, transfer, dissipate, or otherwise release possession and/or control of any portion of that $2,800,000 for any purpose whatsoever, including but not limited to satisfying any claim of PayPal or its customers, whether secured or unsecured,pending further order of the Court, and it is further ORDERED that for the avoidance of doubt, nothing in this order shall prevent any person from adding funds to any of the PayPal accounts that are the subject of this order; and it is further ORDERED that for the avoidance of doubt, nothing in this order shall prevent any Defendant or account holder from withdrawing or transferring funds from any of the PayPal accounts that are subject to this order, so long as such withdrawal or transfer does not reduce the restrained amount of $2,800,000; and it is further ORDERED that for the avoidance of doubt, nothing in this order shall impose any obligation on PayPal with respect to any amounts in Defendants' accounts, in total, in excess of $2,800,000; and it is furtherORDERED that this restriction is issued without prejudice to further modification upon further order of this Court. (Signed by Judge Naomi Reice Buchwald on 1/22/2021) (ama) Modified on 2/16/2021 (yv).
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| Filing 36 NOTICE OF APPEARANCE by Jacob Yiping Chen on behalf of The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Chen, Jacob) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 1/21/2021. (ade) |
| Filing 35 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from William Dunnegan dated January 20, 2021 re: #29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021. . Document filed by Mattel Inc.. (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, #10 Exhibit 10, #11 Exhibit 11).(Dunnegan, William) |
| Filing 34 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021. . Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Kramer, Katherine) |
| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #35) - LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from William Dunnegan dated January 20, 2021 re: #29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021. . Document filed by Mattel Inc.. (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, #10 Exhibit 10, #11 Exhibit 11).(Dunnegan, William) Modified on 1/21/2021 (ldi). |
| Filing 32 DECLARATION of Xin Cheng in Support re: #29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021.. Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Kramer, Katherine) |
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ORDER The dial-in for today's 5 PM hearing is (888) 363-4749, access code: 2712517. (HEREBY ORDERED by Judge Naomi Reice Buchwald) (Text Only Order)
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| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Conference held on 1/18/2021. (ade) |
| Filing 31 LETTER REPLY to Response to Motion addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 18, 2021 re: #29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021. . Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Kramer, Katherine) |
| Filing 30 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from William Dunnegan dated January 15, 2021 re: #29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021. . Document filed by Mattel Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, part 1, #3 Exhibit B, part 2).(Dunnegan, William) |
| Filing 29 LETTER MOTION for Conference Regarding TRO addressed to Judge Naomi Reice Buchwald from Yokawa Network Ltd. dated January 14, 2021. Document filed by The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com. (Attachments: #1 Declaration of Xin Cheng).(Kramer, Katherine) |
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Filing 28
STIPULATION AND ORDER: IT IS HEREBY STIPULATED and agreed by and between the undersigned counsel for the parties, subject to the approval of the Court, that the amended order to show cause for an attachment order and a temporary restraining order issued December 30, 2020, including the portion that provides that each Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with any of them who receive actual notice of this order, be, and hereby are, TEMPORARILY RESTRAINED from transferring, withdrawing or accepting any funds from any account of any Defendant at PayPal, including but not limited to each PayPal account connected to the email address support@24dzservice.com, shall remain in effect pending further order of the Court, subject to the following modifications: 1. The return date is adjourned to a date that the Court shall set. 2. Opposition papers shall be served by ECF on counsel of record for plaintiff so that they are received on or before January 22, 2021. 3. Reply papers shall be served by ECF on counsel of record for defendant so that they are received on or before February 1, 2021, or at such later date as the Court may set, based upon the discovery it may order pursuant to plaintiff's anticipated application or otherwise. 4. Plaintiff may forthwith apply to the Court to take limited discovery, including: (i) Rule 30(b)(6) deposition by video of defendant Yokawa Network Limited; (ii) Rule 30(b)(1) deposition by video of defendant Xin Cheng;(iii) Rule 45 subpoena and/or subpoena duces tecum on PayPal, Inc.; and (iv) Rule 45 subpoena and/or subpoena duces tecum on Citibank N.A. 5. Defendants reserve all rights to oppose any motion or application for discovery filed by Plaintiff. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/13/2021) (ama)
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| Filing 27 PROPOSED STIPULATION AND ORDER. Document filed by Mattel Inc...(Dunnegan, William) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Show Cause Hearing held on 1/11/2021. (ade) |
| Filing 26 NOTICE OF APPEARANCE by Richard Weiss on behalf of Mattel Inc...(Weiss, Richard) |
| Filing 25 DECLARATION of William Dunnegan in Support re: #19 Order to Show Cause,,,,,,,,. Document filed by Mattel Inc.. (Attachments: #1 Exhibit M, #2 Exhibit N).(Dunnegan, William) |
| Filing 24 DECLARATION of Emily H. Jaquez in Support re: #19 Order to Show Cause,,,,,,,,. Document filed by Mattel Inc.. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit L).(Dunnegan, William) |
| Filing 23 DECLARATION of Michael Moore in Support re: #19 Order to Show Cause,,,,,,,,. Document filed by Mattel Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Dunnegan, William) |
| Filing 22 MEMORANDUM OF LAW in Support re: #19 Order to Show Cause,,,,,,,, . Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 21 NOTICE OF APPEARANCE by Rongping Wu on behalf of The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Wu, Rongping) |
| Filing 20 NOTICE OF APPEARANCE by Katherine Burghardt Kramer on behalf of The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com..(Kramer, Katherine) |
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ORDER The dial-in for today's 10:30 AM hearing is (888) 363-4749, access code: 2712517. (HEREBY ORDERED by Judge Naomi Reice Buchwald) (Text Only Order)
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Filing 19
AMENDED ORDER TO SHOW CAUSE FOR AN ATTACHMENT ORDER AND A TEMPORARY RESTRAINING ORDER: It is hereby ordered that (collectively, "Defendants") Show Cause before Honorable Naomi Reice Buchwald, United States District Judge, at a telephonic conference to be held on January 11, 2021 at 10:30 am, or as soon thereafter as counsel may be heard, why an order should not be entered (i) Pursuant to Rule 64 of the Federal Rules of Civil Procedure and New York CPLR 6201, attaching the funds of each Defendant at PayPal, Inc. ("PayPal"); all other provisions as further set forth in this order. And it is further ORDERED that, pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure and New York CPLR 6201 and 6210, pending the hearing on Mattel's application for an order of prejudgment attachment, the funds of each Defendant at PayPal, including but not limited to the PayPal account(s) connected to the email addresses support@24dzservice.com be, and hereby are, attached; and it is further ORDERED that each Defendant, its officers, agents, servants, employees, and attorneys, and all persons in active conceit or participation with any of them who receive actual notice of this order, be, and hereby are, TEMPORARILY RESTRAINED from transferring, withdrawing or accepting any funds from any account of any Defendant at PayPal, including but not limited to each PayPal account connected to the email addresses suppott@24dzservice.com, pending further order of the Court; and it is further ORDERED that this temporary restraining order shall be effective upon issuance and Mattel shall post security in the amount of $5,000 with the Clerk of the Court by no later than noon on January 5, 2021. All other provisions as further set forth in this Order. So Ordered Show Cause Hearing set for 1/11/2021 at 10:30 AM before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 12/30/2020) (js)
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| Filing 18 AFFIDAVIT OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on yostep@163.com, yowishes@163.com,, yougoodplus@163.com, yojudy@126.com, yodate@126.com, yoloya@sina.com, yocute@126.com, yohoke@sina.com, admin@callliving.net, amd paypal@findushelp.com on January 8, 2021. Service was made by Email. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 17 AFFIDAVIT OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on Xin Cheng, Xing Cheng, Yokawa Network Limited on January 7, 2021. Service was made by FedEx. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 16 AFFIDAVIT OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on support@24dzservice.com on 1/5/2021. Service was made by Email. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 15 AFFIDAVIT OF SERVICE of Order to Show Cause for an Attachment Order and TRO, Memorandum and Declarations in Support of Order to Show Cause and TRO, Complaint, and Summonses served on Paypal, Inc., MeetGoodTimes.com, FeelItNice.com, and Yokawa Network Limited on 12/30/2020 and 12/31/2021. Service was made by FedEx. Document filed by Mattel Inc...(Dunnegan, William) |
| Filing 14 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***..(js) |
| Filing 13 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***..(js) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mattel Inc. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 11 SUMMONS ISSUED as to ABC Entity Nos. 1-5. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 10 SUMMONS ISSUED as to John Doe Nos 1-5. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 9 SUMMONS ISSUED as to The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 8 SUMMONS ISSUED as to The Entites Doin Business as Feelitnice at the URLFeelitnice.com. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 7 SUMMONS ISSUED as to The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 6 SUMMONS ISSUED as to The Entities Doing Business as Goodmenow at the URL Goodmenow.com. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***. (js) |
| Filing 5 CIVIL COVER SHEET filed. ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***.(js) |
| Filing 4 COMPLAINT against ABC Entity Nos. 1-5, DEF, John Doe Nos 1-5, The Entites Doin Business as Feelitnice at the URLFeelitnice.com, The EntitesDoing Business as the Paypal Merchant Yokawa Network Limited, The Entities Doing Business as Goodmenow at the URL Goodmenow.com, The Entities Doing Business as Meetgoodtimes at the URLMeetgoodtimes.com. Document filed by Mattel Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D). ***Previously filed under seal in envelope #2, and unsealed by docket entry 3***.(js) Modified on 1/8/2021 (js). |
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Filing 3
ORDER ORDERED that the docket in the above-captioned matter is unsealed in its entirety; and it is hereby ORDERED that from the date of this Order, the parties may file documents electronically on ECF.SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 01/04/2021(nmo)
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| Filing 2 SEALED DOCUMENT placed in vault..(nmo) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Vernon S. Broderick on 12/30/2020) (nmo)
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| Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (nmo) |
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