Lead Creation Inc. v. The Partnerships and Unincorporated Associations identified on Schedule A
| Lead Creation Inc. |
| The Partnerships and Unincorporated Associations identified on Schedule A, Hangzhou Yueji E-Commerce Company Limited d/b/a SKNSL Direct, Zou Qing Wen doing business as MAXIAEON, Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. d/b/a Senrun-US, Haikoushi Lvxuan Trading Co., Ltd. d/b/a Yinghuatiyu and Changshayanzhihuijiaoyuzixunyouxiangongsi d/b/a Beaulyue |
| 1:2022cv10377 |
| December 8, 2022 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Jesse M Furman |
| Patent |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 182
ORDER: On October 25, 2023, attorneys for Defendants Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. and Haikoushi Lvxuan Trading Co., Ltd. ("Defendants") provided an accounting of their attorneys' fees and costs incurred in connection with Lead Creation Inc.'s failure to comply with the Court's discovery order. See ECF No. 181. Plaintiff Lead Creation Inc.'s deadline to file any response was November 1, 2023. See ECF No. 177. Plaintiff did not file a response. Upon view of Defendants submission, the Court awards Defendants $4,504.75 in attorneys' fees and costs. In doing so, the Court has deducted the $325 that appears on both the time records submitted in Exhibit A, see ECF No 181-1, and the invoice issued by the court reporter in Exhibit B, see ECF No. 181-2, to avoid double billing. Plaintiff Lead Creation Inc. shall pay Defendants $4,504.75 by December 4, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/2023) (ks)
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Filing 181
DECLARATION of B. Robert Liu, Esq. in Support re: #173 MOTION for Sanctions .. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Contemporaneous Time Records, #2 Exhibit B. Invoice By Court Reporter, #3 Exhibit C. Statement).(Liu, Beixiao)
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Filing 180
ORDER: The Clerk's Office has notified the Court that Plaintiff filed a surety bond in the amount of Fifteen Thousand and 00/100 ($15,000.00) U.S. Dollars, not a cash bond. In light of that, and the Court's October 11, 2023 Opinion and Order, ECF No. 177, the Clerk of Court is directed to release the full amount of the surety bond to counsel for Defendants Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. and Haikoushi Lvxuan Trading Co., Ltd. This Order supersedes theCourt's Order of October 24, 2023. See ECF No. 179. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/25/2023) (ama) Transmission to Finance Unit (Cashiers) for processing.
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Filing 179
ORDER ON DEFENDANTS' MOTION TO RECOVER ON THE TRO BOND: On October 11, 2023, the Court granted Defendants motion to recover on the TRO bond, ECF No. 177. Accordingly, the Clerk of Court is hereby directed to release the full amount of the TRO bond, in the amount of Fifteen Thousand and 00/100 ($15,000.00) U.S. Dollars, to counsel for Defendants. The check should be made payable to the following: Balance Law Firm, 1 World Trade Ctr Ste 8500, New York, NY 10007. (Signed by Judge Jesse M. Furman on 10/24/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #178 Proposed Order, was reviewed and approved as to form. (nd)
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Filing 178
PROPOSED ORDER. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Related Document Number: #177 ..(Liu, Beixiao) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 177
OPINION AND ORDER: re: #134 MOTION for Attorney Fees filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., #115 MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order, Set Deadlines/Hearings, #114 Order, Set Motion and R&R Deadlines/Hearings, #92 Bond, #106 Preliminary Injunction filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., #173 MOTION for Sanctions filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. For the foregoing reasons, the Court rules as follows on Defendants' pending motions: Defendants' motion for sanctions is GRANTED to the extent they seek attorneys' fees and an order deeming certain matters established for purposes of this action but DENIED to the extent they seek a filing injunction; Defendants' motion to recover on the TRO bond is GRANTED; and Defendants' motion for attorneys' fees under 35 U.S.C. 285 is DENIED. No later than two weeks from the date of this Opinion and Order, Defendants shall submit (1) a proposed order directing the Clerk of Court to release to them the TRO bond; and (2) an accounting of their relevant attorneys' fees and costs, supported by contemporaneous billing records and other appropriate documentation. Lead Creation shall file any response, through counsel, no later than one week thereafter. No reply may be filed absent leave of Court. The Clerk of Court is directed to terminate ECF Nos. 115, 134, and 173. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/11/2023) (ama) Transmission to Finance Unit (Cashiers) for processing.
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Filing 176
CERTIFICATE OF SERVICE of Motion for Sanctions, including the Brief and the Declaration In Support of the Motion (ECF 173-75) served on Plaintiff Lead Creation Inc, Xiaodong Fan, and Justin Lewis on April 28, 2023. Service was made by Email. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit Service Email).(Liu, Beixiao)
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Filing 175
DECLARATION of Beixiao Robert Liu, Esq. in Support re: #173 MOTION for Sanctions .. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Notices of Deposition and Subpoenas, #2 Exhibit B. Portion of Hurckes Transcript, #3 Exhibit C. Statement on Deponents' Absence).(Liu, Beixiao)
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Filing 174
MEMORANDUM OF LAW in Support re: #173 MOTION for Sanctions . . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 173
MOTION for Sanctions . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Return Date set for 5/12/2023 at 10:00 AM..(Liu, Beixiao)
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Filing 172
ORDER denying without prejudice to renewal by formal motion #171 Letter Motion for Discovery. Under the Court's Rules, motions for sanctions may not be made by letter. Thus, application DENIED without prejudice to renewal by formal motion on or before April 27, 2023. The deadlines set forth in the Court's April 17, 2023 Order, ECF No. 169, remain in effect. The Clerk of Court is directed to terminate ECF No. 171. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/21/23) (yv)
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Filing 171
LETTER MOTION for Discovery Order Disobedience Sanctions addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 21, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 170
CERTIFICATE OF SERVICE of Endorsed Letter (ECF 169) served on Plaintiff Lead Creation Inc, Xiaodong Fan, and Justin Lewis on April 17, 2023. Service was made by Email. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit Service Email).(Liu, Beixiao)
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Filing 169
ORDER terminating #168 Letter Motion for Local Rule 37.2 Conference. Counsel for Defendants shall serve a copy of this endorsed letter on Plaintiff, Xiaodong Fan, and Justin Lewis via email (at all of the email addresses referenced above), by 5 p.m. today and shall file proof of service on the docket by tomorrow. Plaintiff, Mr. Fan, and Mr. Lewis shall have until April 20, 2023, to file any opposition. In the absence of any opposition by that deadline, Defendants are granted leave to file a formal motion seeking sanctions pursuant to Rule 37 by April 27, 2023; any opposition to such a motion shall be filed by May 4, 2023; and any reply shall be filed by May 9, 2023. The Clerk of Court is directed to terminate ECF No. 168. SO ORDERED.. (Signed by Judge Jesse M. Furman on 4/17/2023) (jca)
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Set/Reset Deadlines: Motions due by 4/27/2023. Responses due by 5/4/2023 Replies due by 5/9/2023. (jca)
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Filing 168
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 14, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 4/6/2023. (kl)
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Filing 167
ORDER granting in part and denying in part #156 Letter Motion for Local Rule 37.2 Conference: For the [reasons set forth], the Moving Defendants' Letter Motion is GRANTED IN PART and DENIED IN PART. Attorney Hurckes shall produce to Plaintiff by 12 noon on Friday, April 7, 2023, the following documents: (1) the document with ID number 014 redacting only the email sent on November 1, 2022 at 4:03 p.m.; (2) the attachment to the document with ID number 013 (i.e., "Electronic Patent Application Fee Transmittal"); (3) the attachment to the document with ID number 014 bearing the heading "Patent Assignment Cover Sheet"; and (4) the three attachments to the document with ID number 017 (Patent Nos. US 6,866,401, US 7,147,343 and 5,560,705). (Signed by Magistrate Judge Stewart D. Aaron on 04/06/2023) (Aaron, Stewart)
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Filing 166
AFFIDAVIT OF SERVICE of Order dated April 5, 2023 (ECF 160) served on Lead Creation Inc. on April 6, 2023. Service was made by Mail. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 165
REDACTION to email to Magistrate Judge Stewart D. Aaron. by Lead Creation Inc..(Hurckes, Michael)
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Filing 164
AFFIDAVIT OF SERVICE of Order dated April 5, 2023 (ECF 160) served on Lead Creation Inc. on April 6, 2023. Service was made by Email. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 163
REPLY MEMORANDUM OF LAW in Opposition re: #156 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 4, 2023. . Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 162
ORDER: The Court is in receipt of an email from former Plaintiff's counsel, Mr. Hurckes, enclosing copies of the documents listed in his privilege log, as required by Judge Furman's 4/5/2023 Order (ECF No. 158 ). Such email contains argument and citations to case law. No later than 12 noon today (4/6/2023), Mr. Hurckes shall file a copy of such email (without enclosures) to the ECF docket. The parties are directed to appear for a telephone conference today at 3 p.m. to address questions the Court has regarding the documents supplied by Mr. Hurckes. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Telephone Conference set for 4/6/2023 at 03:00 PM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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Filing 161
MEMORANDUM OF LAW in Opposition re: #134 MOTION for Attorney Fees . filed by Defendants against MAH Advising LLC. Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Website ICANN Lookup, #2 Exhibit ESAT References, #3 Exhibit ESAT Search, #4 Exhibit Claim Rejection, #5 Exhibit Arguments to Office Action).(Hurckes, Michael)
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Filing 160
ORDER: Given that Hurckes no longer represents Plaintiff, it is patently improper for him to file an opposition brief on Plaintiff's behalf. Accordingly, the Court strikes Hurckes's opposition brief and will not consider it. As stated in the Court's prior Order, Plaintiff has until April 13, 2023, to file its consolidated opposition through counsel. Defendants' reply, if any, shall be due April 20, 2023. Counsel for Defendants is directed to serve a copy of this Order on Plaintiff by email and/or overnight mail no later than today, April 5, 2023, and to file proof of service on the docket by April 6, 2023. The Clerk of Court is directed to strike (i.e., remove) ECF No. 157 from the docket. SO ORDERED. ( Replies due by 4/20/2023., Responses due by 4/13/2023) (Signed by Judge Jesse M. Furman on 4/5/2023) (tg)
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Filing 159
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ECF No. 156. Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Jesse M. Furman on 4/5/2023) (tg)
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Filing 158
ORDER with respect to #156 Letter Motion for Local Rule 37.2 Conference: The undersigned is unavailable for the rest of this week due to a religious holiday and, thus, is referring this dispute to Magistrate Judge Aaron by separate Order to be docketed later today. No later than 9 a.m. on Thursday, April 6, 2023, Mr. Hurckes shall email to Judge Aaron (Aaron_NYSDChambers@nysd.uscourts.gov) for Judge Aaron's in camera review the documents listed in Mr. Hurckes's privilege log (ECF No. [156-6]). In addition, no later than 12 noon on April 6, 2023, Mr. Hurckes may file any response to the Letter Motion filed at ECF No. #156 . If no response is timely filed by Mr. Hurckes, Judge Aaron will make a determination as to whether the documents withheld are privileged based solely on the pending Letter Motion and Judge Aaron's in camera review. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 157
***STRICKEN DOCUMENT. Document number #157 has been stricken from the case record. The document was stricken from this case pursuant to #160 Order. MEMORANDUM OF LAW in Opposition re: #134 MOTION for Attorney Fees ., #115 MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #114 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #92 Bond, #106 Preliminary Injunction,,,,,,,, . Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Website ICANN Lookup, #2 Exhibit ESAT Search, #3 Exhibit ESAT Search 2, #4 Exhibit Office Action, #5 Exhibit Response to Office Action).(Hurckes, Michael) Modified on 4/5/2023 (tg).
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Filing 156
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated April 4, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Return Date set for 4/7/2023 at 10:00 AM. (Attachments: #1 Exhibit Certificate of Incumbency, #2 Exhibit Patent Acquisition Agreement, #3 Exhibit Unanimous Written Consent, #4 Exhibit USPTO Notice, #5 Exhibit Website allegedly selling Flashlight, #6 Exhibit Updated Privilege Log, #7 Exhibit Objections and Response to Document Requests).(Liu, Beixiao)
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Filing 155
AFFIDAVIT OF SERVICE of Order dated March 29, 2023 (ECF 148) and Letter Motion To Compel Discovery (ECF 145) served on Justin Lewis on March 29, 2023. Service was made by Email and FedEx Express Overnight. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 154
AFFIDAVIT OF SERVICE of Order dated March 29, 2023 (ECF 148) and Letter Motion To Compel Discovery (ECF 145) served on Xiaodong Fan on March 29, 2023. Service was made by Email and FedEx Express Overnight. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 153
AFFIDAVIT OF SERVICE of Order dated March 29, 2023 (ECF 148) and Letter Motion To Compel Discovery (ECF 145) served on Lead Creation Inc on March 29, 2023. Service was made by Email and Mail. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 152
ORDER denying #150 Letter Motion for Extension of Time to File Response/Reply: Later that day, Mr. Hurckes filed a letter motion to vacate the Court's Order and a letter response in opposition to the motion to compel. ECF Nos. 150, 151. Mr. Hurckes attached an exhibit to ECF No. 150 that contained personally identifying information of an employee of his; the Court promptly sealed the docket entry, and it will remain under seal. A copy of the letter, which does not contain any personally identifying information is therefore attached to this Order. The Court deems Mr. Hurckess opposition to be a motion for reconsideration. The motion is DENIED... Accordingly, Hurckes is directed to comply with the Court's March 29, 2023 Order by producing the requested documents (and, as appropriate, a privilege log), and to sit for a deposition thereafter. SEE ORDER. (Signed by Judge Jesse M. Furman on 3/30/2023) (ab)
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Filing 151
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from MAH Advising LLC dated 03/29/2023 re: #145 LETTER MOTION to Compel Lead Creation Inc. and its Counsel Michael A. Hurckes to produce documents and appear for deposition addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated March 23, 2023. . Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 150
LETTER MOTION for Extension of Time to File Response/Reply as to #146 Order on Motion to Withdraw as Attorney,,,,,,,,, #148 Order on Motion to Compel,, addressed to Judge Jesse M. Furman from MAH Advising LLC dated 03/29/2023. Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Exhibit-A Employee Situation).(Hurckes, Michael)
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Filing 149
AFFIDAVIT OF SERVICE of Order dated 3/24/2023 (ECF 146) served on Lead Creation Inc. - HARVARD BUSINESS SERVICES, INC. on March 29, 2023. Service was accepted by Lisa Kline. Service was made by MAIL. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 148
ORDER granting #145 Letter Motion to Compel. Accordingly, Defendants' motion to compel is GRANTED as unopposed. Plaintiff and Mr. Hurckes are ordered to produce the requested documents to Defendants' counsel within seven days, and are further ordered to appear for Zoom depositions within five days thereafter. Counsel for Defendants is directed to serve a copy of this Order, along with their letter-motion to compel on Plaintiff, Xiaodong Fan, and Justin Lewis by email and/or overnight mail no later than today, March 29, 2023, and to file proof of service on the docket by March 30, 2023. The Clerk of Court is directed to terminate ECF No. 145. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/29/2023) (vfr)
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Filing 147
AFFIDAVIT OF SERVICE of Motion to Withdraw as Counsel and Declaration served on Lead Creation Inc. - HARVARD BUSINESS SERVICES, INC. on March 27, 2023. Service was accepted by Allison Rathmanner. Service was made by MAIL. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 146
ORDER granting #128 Motion to Withdraw as Attorney. Given counsel's representations and the posture of the case, the Court concludes that withdrawal is justified and, thus, GRANTS counsel's motion to withdraw. That said, and to be clear, the Court retains jurisdiction over counsel (and Plaintiff) with respect to all collateral matters, including Defendants' pending motions to recover on the TRO bond and for attorney's fees, any motion for sanctions, and discovery in aid of these matters. To that end, the Clerk of Court should terminate MAH Advising as counsel, but MAH Advising should continue to receive all ECF notifications in this case. That leaves three pending motions filed by Defendants: (1) their motion to recover on the TRO bond filed on March 7, 2023, ECF No. 115; (2) their motion for attorney's fees filed on March 13, 2023, ECF No. 134; and (3) their letter-motion for discovery from MAH Advising and Plaintiff, presumably in aid of a potential sanctions motion, filed on March 23, 2023, ECF No. 145. With respect to the first two motions, the Court grants Plaintiff an extension until April 13, 2023, to file its consolidated opposition, not to exceed 25 pages, to permit Plaintiff an opportunity to find new counsel. The Court notes that, as a corporate entity, Plaintiff may appear in federal court only through counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). If counsel has not appeared and filed an opposition to the motion by April 13, 2023, the Court will treat these two motions as unopposed. If counsel does appear and files opposition, Defendants shall file any reply by April 20, 2023. With respect to Defendants' letter-motion seeking discovery, any opposition by MAH Advising or Plaintiff (again, through counsel) must be filed by March 28, 2023, in the form of a letter not to exceed three pages. MAH Advising LLC is directed to serve a copy of this Order on Plaintiff by March 27, 2023, and shall file proof of service on the docket by March 28, 2023. The Clerk of Court is directed to terminate ECF No. 128 and to terminate MAH Advising as counsel, but shall ensure that MAH Advising continues to receive all ECF notifications in this case. SO ORDERED. (Attorney Michael Alexander Hurckes terminated.) (Signed by Judge Jesse M. Furman on 3/24/23) (yv)
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Set/Reset Deadlines: Responses due by 4/13/2023, Replies due by 4/20/2023. (yv)
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Filing 145
LETTER MOTION to Compel Lead Creation Inc. and its Counsel Michael A. Hurckes to produce documents and appear for deposition addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated March 23, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 144
ORDER denying as moot #89 Motion for Default Judgment. The motion is moot in light of the voluntary dismissal of this case. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 143
DECLARATION of Beixiao Robert Liu, Esq. in Opposition re: #128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney .. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Compl. verified by Fan Xiaodong).(Liu, Beixiao)
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Filing 142
DECLARATION of Michael A. Hurckes in Support re: #128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney .. Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Unanimous Written Consent).(Hurckes, Michael)
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Filing 141
DECLARATION of Beixiao Robert Liu, Esq. in Opposition re: #128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney .. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Florida State Filing, #2 Exhibit B. Petition to USPTO).(Liu, Beixiao)
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Filing 140
AFFIDAVIT OF SERVICE of Motion to Withdraw as Attorney (ECF 128); Declaration of Counsel (ECF 139); Memorandum and Opinion Order (ECF 137) served on Lead Creation Inc on 3/16/23. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 139
DECLARATION of Michael A. Hurckes in Support re: #128 MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney .. Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Exhibit -1 Patent Acquisition Agreement).(Hurckes, Michael)
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Filing 138
DECLARATION of Beixiao Robert Liu, Esq. in Support re: #134 MOTION for Attorney Fees .. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Invoices from translators).(Liu, Beixiao)
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Filing 137
MEMORANDUM OPINION AND ORDER #129 MOTION to Block Plaintiff's Attempted Dismissal of this Action Without Prejudice. Notably, counsel of record, Michael Hurckes, appears to also be a director of Plaintiff. See ECF No. 18, at 16 (Michael A. Hurckes verifying the Amended Complaint as the Director of Lead Creation Inc.). At the same time, though, Mr. Hurckes represented to the Court during the January 26, 2023 hearing that the owners of Lead Creation Inc. are not U.S. citizens and he was unsure of their ability to post a bond, see Hearing Tr. 3, suggesting that there are other, undisclosed individuals involved with the company. No later than March 16, 2023, Mr. Hurckes shall file a supplemental declaration identifying any and all clients he has relevant to this case and explaining the relationship between himself and the client(s), including but not limited to what control, if any, he has over the client. That same day, counsel shall serve (1) the motion and the supporting declarations and (2) a copy of this Order on Plaintiff, and by March 17, 2023, file proof of such service on the docket. See S.D.N.Y. Local Rule 1.4. Turning to Plaintiff's voluntary dismissal, the Court shares Defendants' concerns about Plaintiff's and counsel's conduct in filing and pursuing this litigation. That said, the Court has no authority to block Plaintiff's voluntary dismissal. A voluntary dismissal under Rule 41(a)(1)(A)(i) is "self-executing and immediately strips the district court of jurisdiction over the merits." De Leon v. Marcos, 659 FF.3d 1276, 1283 (10th Cir. 2011); accord Samake v. Thunder Lube, Inc., 24 F.4th 804, 809 (2d Cir 2022) ("Subject to any applicable federal statute, dismissal under... Rule 41(a)(1)(A)... requires no court action to be effective." (cleaned up)); ISC Holding AG v. Nobel Biocare Fin. AG, 688 F.3d 98, 111 (2d Cir. 2012) ("Plaintiffs invoking Rule 41(a)(1)(A)(i), specifically, have an unfettered right voluntarily and unilaterally to dismiss an action." (internal quotation marks omitted)). Because Plaintiff filed its voluntary dismissal under Rule 41(a)(1)(A)(i) prior to service of an answer or a motion for summary judgment, it is immediately self-executing. Accordingly, Defendants' motion to block Plaintiff's dismissal is DENIED, and Defendant's motion to dismiss is DENIED as moot. That said, the Court can and does retain jurisdiction over collateral matters related to the case, such as attorneys fees and costs, and sanctions, as well as Defendants motion to recover from the bond filed in connection with the temporary restraining order (TRO). Covanta Onondaga Ltd. v. Onondaga Cty. Res. Recovery Agency, 318 F.3d 392, 396 (2d Cir. 2003) (citations omitted); see also U.S. D.I.D. Corp. v. Windstream Commcns, Inc., 775 F.3d 128, 131(2d Cir. 2014) ("[A] district court may grant recovery from a [Rule 65(c)] security after the plaintiff files a notice of voluntary dismissal."). Accordingly, the Court retains jurisdiction over Defendants' pending motion to recover on the TRO bond, ECF No. 115, and their pending motion for attorneys' fees, ECF No. 134. It also retains jurisdiction over Plaintiff and counsel with respect to sanctions. Plaintiff shall file a consolidated opposition to the motion to recover on the TRO bond and the motion for attorneys' fees, not to exceed 25 pages, by April 4, 2023. Defendants shall file a consolidated reply, not to exceed 10 pages, by April 11, 2023. With respect to the motion to recover on the TRO bond, the parties should address the Second Circuit's decision in U.S. D.I.D. Corp. v. Windstream Communications, Inc., holding that neither voluntary dismissal nor the dissolution of a TRO necessarily entitle the defendant to recover on the bond; instead, whether the defendant is entitled to recover "turns on a determination that the defendant was wrongfully restrained." 775 F.3d at 136, 140; see also Tangle, Inc. v. Individuals, Corps., Ltd. Liab. Cos., Pships, & Unincorporated Ass'ns Identified on Schedule A, No. 21-CV-7024 (JMF), 2022 WL 16926200, at *1-2 (S.D.N.Y. Nov. 14, 2022). The Clerk of Court is directed to terminate ECF No. 129. SO ORDERED. ( Replies due by 4/11/2023., Responses due by 4/4/2023) (Signed by Judge Jesse M. Furman on 3/13/2023) (tg) Modified on 3/22/2023 (tg).
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Filing 136
MEMORANDUM OF LAW in Support re: #134 MOTION for Attorney Fees . . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Hurckes. RE-FILE Document No. #135 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
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Filing 135
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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) All Defendants. Document filed by Lead Creation Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hurckes, Michael) Modified on 3/14/2023 (tp).
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Filing 134
MOTION for Attorney Fees . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Return Date set for 3/27/2023 at 10:00 AM..(Liu, Beixiao)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Hurckes. RE-FILE Document No. #127 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp)
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Filing 133
AFFIDAVIT OF SERVICE of Order dated 3/8/2023 (ECF 121) served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 3.10.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 132
AFFIDAVIT OF SERVICE of Order dated 3/8/2023 (ECF 121) served on Zou qing wen on 3.10.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 131
AFFIDAVIT OF SERVICE of Order dated (ECF 121) 3/8/2023 served on Hangzhou Yueji E-commerce company limited on 3.10.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 130
DECLARATION of Beixiao Robert Liu, Esq. in Support re: #129 MOTION to Block Plaintiff's Attempted Dismissal of this Action Without Prejudice re: #127 Notice of Voluntary Dismissal,, .. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Withdrawal from Florida Action).(Liu, Beixiao)
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Filing 129
MOTION to Block Plaintiff's Attempted Dismissal of this Action Without Prejudice re: #127 Notice of Voluntary Dismissal,, . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Return Date set for 3/24/2023 at 10:00 AM..(Liu, Beixiao)
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Filing 128
MOTION for Michael A. Hurckes, Esq. to Withdraw as Attorney . Document filed by Lead Creation Inc.. (Attachments: #1 Affidavit Affidavit in support of Motion).(Hurckes, Michael)
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Filing 127
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - 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) All Defendants. Document filed by Lead Creation Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hurckes, Michael) Modified on 3/13/2023 (tp).
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Filing 126
ORDER granting in part and denying in part #125 Motion for Extension of Time. Application GRANTED as modified: As stated in the Court's March 8, 2023 Order, ECF No. 121, Plaintiff shall file a single, consolidated opposition, not to exceed twenty-five pages, to the Defendants' Motion to Dismiss and Motion to Recover on the TRO Bond. Accordingly, Plaintiff's consolidated opposition will be due April 4, 2023. Defendants' consolidated reply, not to exceed ten pages, shall be filed two weeks thereafter. The Clerk of Court is directed to terminate ECF No. 125. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/23) (yv)
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Set/Reset Deadlines: Responses due by 4/4/2023 (yv)
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Filing 125
MOTION for Extension of Time Status Letter for responding to Motion. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 124
ORDER: granting #122 Letter Motion to Seal. The motion to seal is granted temporarily. Plaintiff shall file any opposition to the request within three business days. The Clerk of Court is directed to terminate ECF No. 122. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/09/2023) (ama)
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Filing 123
***EX-PARTE***DECLARATION of Yingbin Li in Support re: #122 LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated March 9, 2023., #115 MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #114 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #92 Bond, #106 Preliminary Injunction,,,,,,,,. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Sales Revenue and Volume)Motion or Order to File Under Seal: #121 .(Liu, Beixiao)
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Filing 122
LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Beixiao Robert Liu, Esq. dated March 9, 2023. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 121
MEMORANDUM OPINION AND ORDER re: #113 MOTION to Vacate #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #106 Preliminary Injunction,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,, . filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. In light of these standards, Defendants' motion must be and is GRANTED, and both the TRO and PI are immediately VACATED - not only as to the moving Defendants, but as to all Defendants. Put simply, Defendants present new evidence that makes plain that the TRO and PI are no longer justified. First, the new evidence casts significant doubt on the validity of the patent-in-suit and, thus, on Plaintiff's likelihood of success on the merits. It is true that the decisions of foreign courts and patent offices are not binding on this Court, but the decisions cited by Defendants - and the underlying bases for those decisions - are certainly enough to raise a substantial question of invalidity. That is enough to justify denial - or, in this case, vacatur - of a preliminary injunction. See, e.g., BlephEx, LLC v. Myco Indus., Inc., 24 F.4th 1391, 1399 (Fed. Cir. 2022). Separately, there is some basis to believe that Plaintiff violated its "duty of candor and good faith" in dealing with the United States Patent and Trademark Office ("USPTO"). 37 C.F.R. 1.56; see Defs.' Mem. 14-15 (quoting a letter from the USPTO, which casts doubt as to whether a submission by the Plaintiff to the office was made in good faith); id. at 21.2 On top of that, the lack of any evidence that Plaintiff manufactures or sells the flashlights at issue undermines any finding of irreparable harm; any injury could be remedied by money damages. See Defs.' Mem. 25; ECF No. 120, at 3-4; Pl.s Opp'n 13 (acknowledging that "the lack of prejudice weighs in favor of [the Defendants]"); see also ECF No. 18 (no allegations that Plaintiff manufactures or sells the flashlights in the operative complaint). Two issues remain. First, in support of their motion to recover on the bond, Defendants filed a declaration from Yingbin Li, with sales information redacted. See ECF Nos. 119, 119-1. Defendants represented that they had requested to file the declaration under seal, ECF No. 116, at 7, but the Court has not received any motion to seal from Defendants. Accordingly, Defendants shall file a motion to seal and contemporaneously file the unredacted declaration and exhibits under seal by March 10, 2023. Any opposition to the motion to seal shall be filed within three days thereafter. Second, Plaintiff shall file any opposition to the motion to recover on the bond with its opposition to Defendants' motion to dismiss - that is, in a consolidated memorandum of law not to exceed twenty-five pages; Defendants shall file a consolidated reply, no to exceed ten pages. Plaintiff is reminded that it must file a letter with the Court by March 9, 2023, indicating its intent to oppose the motion to dismiss and proposing a briefing schedule. See ECF No. 114The Clerk of Court is directed to terminate ECF No. 113. Counsel for Plaintiff is directed to serve a copy of this Memorandum Opinion and Order on the three Defendants who have not appeared within two business days, and to file proof of service on the docket within three business days. SO ORDERED. ( Motions due by 3/10/2023.) (Signed by Judge Jesse M. Furman on 3/8/2023) (tg)
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Filing 120
REPLY MEMORANDUM OF LAW in Support re: #113 MOTION to Vacate #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #106 Preliminary Injunction,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,, . . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 119
DECLARATION of Yingbin Li in Support re: #115 MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #114 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #92 Bond, #106 Preliminary Injunction,,,,,,,,. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. Monthly Sales Data).(Liu, Beixiao)
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Filing 118
MEMORANDUM OF LAW in Opposition re: #113 MOTION to Vacate #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #106 Preliminary Injunction,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,, . . Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Claim rejection, #2 Exhibit Arguments submitted by Applicant, #3 Exhibit ESAT Search, #4 Exhibit ESAT Search).(Hurckes, Michael)
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Filing 117
DECLARATION of Beixiao Robert Liu, Esq. in Support re: #115 MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #114 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #92 Bond, #106 Preliminary Injunction,,,,,,,,. Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. (Attachments: #1 Exhibit A. The TRO Order, #2 Exhibit B. TRO Bond, #3 Exhibit C. Preliminary Injunction Order, #4 Exhibit D. March 3 Order, #5 Exhibit E. First Amended Complaint, #6 Exhibit F. Plaintiff's Florida Filing).(Liu, Beixiao)
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Filing 116
MEMORANDUM OF LAW in Support re: #115 MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #114 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #92 Bond, #106 Preliminary Injunction,,,,,,,, . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 115
MOTION to recover against the temporary restraining order bond re: #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #114 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, #92 Bond, #106 Preliminary Injunction,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,, . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Return Date set for 3/21/2023 at 10:00 AM..(Liu, Beixiao)
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Filing 114
ORDER re: #113 MOTION to Vacate #91 Temporary Restraining Order, Set Deadlines/Hearings, #106 Preliminary Injunction, Terminate Motions, . filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., Set Deadlines/Hearing as to #113 MOTION to Vacate #91 Temporary Restraining Order, Set Deadlines/Hearings, #106 Preliminary Injunction, Terminate Motions, . Plaintiff shall file any opposition to the portion of Defendants' motion that seeks to vacate the TRO and preliminary injunction by March 6, 2023. Defendants' reply, if any, shall be due March 8, 2023. Plaintiff shall file a status letter with the Court by March 9, 2023, indicating whether it intends to oppose the portion of Defendants' motion that seeks to dismiss Plaintiff's claims and, if so, proposing a briefing schedule for that portion of the motion. SO ORDERED. : ( Responses due by 3/6/2023, Replies due by 3/8/2023.) (Signed by Judge Jesse M. Furman on 3/3/23) (yv)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re Default Judgment held via teleconference on 3/2/2023. Michael Hurckes present for Plaintiff. Beixiao Liu present for defendants Defendants Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd. and Haikoushi Lvxuan Trading Co., Ltd. Court reporter present. (ab)
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Filing 113
MOTION to Vacate #91 Temporary Restraining Order,,,,,,,, Set Deadlines/Hearings,,,,,,, #106 Preliminary Injunction,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,, . Document filed by Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd.. Return Date set for 3/2/2023 at 04:30 PM. (Attachments: #1 Affidavit Decl. of Defs' Att'y, #2 Exhibit A. Lead Creation Corp Filing, #3 Exhibit B. Lead Creation NY Biz, #4 Exhibit C. Patent-in-suit Assignment, #5 Exhibit D. Ouyang Patent Oath, #6 Exhibit E. Ouyang Patent IDS, #7 Exhibit F. Patent-in-suit Claims, #8 Exhibit G. Chinese Patent, #9 Exhibit H. Taiwanese Patent, #10 Exhibit I. Japanese Patent, #11 Exhibit J. German Patent, #12 Exhibit K. U.S. Patent 2005, #13 Exhibit L. Beijing High Court Opinion, #14 Exhibit M. U.S. Patent 1923, #15 Exhibit N. U.S. Patent 2006, #16 Exhibit O. Japanese Technical Op, #17 Exhibit P. German Patent Legal Events).(Liu, Beixiao)
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Filing 112
AFFIDAVIT OF SERVICE of Preliminary Injunction Order (ECF 106) served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 02.28.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 111
AFFIDAVIT OF SERVICE of Preliminary Injunction Order (ECF 106) served on Haikoushi Lvxuan Trading Co.Ltd. on 02.28.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 110
AFFIDAVIT OF SERVICE of Preliminary Injunction Order (ECF 106) served on Shenzhen Sen Zhi Run Dian Zi Shang Wu Co. Ltd. on 02.28.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 109
AFFIDAVIT OF SERVICE of Preliminary Injunction Order (ECF 106) served on Zou qing wen on 02.28.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 108
AFFIDAVIT OF SERVICE of Preliminary Injunction Order (ECF 106) served on Hangzhou Yueji E-commerce company limited on 02.28.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 107
NOTICE OF APPEARANCE by Beixiao Liu on behalf of Haikoushi Lvxuan Trading Co., Ltd., Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(Liu, Beixiao)
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Filing 106
Vacated as per Judge's Order dated 3/8/2023, Doc. # 121 PRELIMINARY INJUNCTION ORDER, This Court hereby GRANTS as follows: This Court finds, in the absence of adversarial presentation, that it has personal jurisdiction over the Defendants, because the Defendants directly target their business activities toward consumers in the United States, including New York. Specifically, Plaintiff has provided a basis to conclude that Defendants have targeted sales to New York residents by setting up and operating ecommerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including New York, accept payment in U.S. dollars and have sold products to residents of New York that infringe on United States Patent No. 7530706 LED Lighting Apparatus with Fast Changing Focus. This Court further finds that injunctive relief previously granted in the Temporary Restraining Order ("TRO") should remain in place through the pendency of this litigation and that issuing this Preliminary Injunction is warranted under Federal Rule of Civil Procedure 65 and as further set forth in this Order. As such, this Court orders that: Defendants, their officers, agents, servants, employees, attorneys and all persons acting for, with, by, through, under or in active concert with them be preliminarily enjoined and restrained from selling, distributing or manufacturing products embodying the invention of the Patent-in-suit. Defendants, their officers, agents, servants, employees, attorneys and all persons acting for, with, by, though, under or in active concert with them be preliminarily enjoined and restrained from hosting or otherwise controlling any Internet content, server, or website that contains product listings embodying the invention in the Patent-in-suit posted by or on behalf of Defendants and to immediately take steps to ensure that the relevant information on any website, blog, or social media service is no longer viewable or accessible by persons using the Internet and prevent the alteration,destruction, or erasure of any Internet content, servers, or websites that contain this information and as further set forth in this Order. Defendants shall not transfer or dispose of any money or other of Defendants' assets in any of Defendants' financial accounts. Any Third-Party Providers, including PayPal, eBay, Alipay, Alibaba, Ant Financial, Wish.com, and Amazon Pay, shall, within ten (10) business days of receipt of this Order: locate all accounts and funds connected to Defendants' Seller Aliases and Online Marketplaces, including, but not limited to, any financial accounts connected to the information listed in Schedule-A hereto, thee-mail addresses identified in Schedule-A and any email addresses provided for Defendants by third parties; and restrain and enjoin any such accounts or funds from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. Plaintiff shall serve a copy of this Order on all Defendants within two business days. The $15,000 bond posted by Plaintiff shall remain with the Court until a Final disposition of this case or until this Preliminary Injunction is terminated upon order of the Court. The Clerk of Court is directed to terminate ECF No. 105. SO ORDERED. Motions terminated: #105 MOTION for Preliminary Injunction . filed by Lead Creation Inc. (Signed by Judge Jesse M. Furman on 2/23/23) (yv) Transmission to Finance Unit (Cashiers) for processing. Modified on 2/23/2023 (yv). Modified on 3/8/2023 (tg).
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Filing 105
MOTION for Preliminary Injunction . Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Memorandum of law, #2 Text of Proposed Order Proposed Order).(Hurckes, Michael)
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Filing 104
ORDER. The show cause hearing scheduled for March 2, 2023, at 4:30 p.m. will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/17/23) (yv)
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Filing 103
AFFIDAVIT OF SERVICE of Order dated 2/9/2023 (ECF 98) served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 2/9/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 102
AFFIDAVIT OF SERVICE of Order dated 2/9/2023 (ECF 98) served on Haikoushi Lvxuan Trading Co.Ltd. on 2/9/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 101
AFFIDAVIT OF SERVICE of Order dated 2/9/2023 (ECF 98) served on Shenzhen Sen Zhi Run Dian Zi Shang Wu Co. Ltd. on 2/9/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 100
AFFIDAVIT OF SERVICE of Order dated 2/9/2023 (ECF 98) served on Zou qing wen on 2/9/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 99
AFFIDAVIT OF SERVICE of Order dated 2/9/2023 (ECF 98) served on Hangzhou Yueji E-commerce company limited on 2/9/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 98
ORDER. On January 26, 2023, the Court entered a Temporary Restraining Order. ECF No. 91. The Temporary Restraining Order is extended to February 23, 2023, as the Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, that good cause exists in the absence of the appearance of any Defendant. Prior to expiration of this period, Plaintiff may apply for another extension of the Temporary Restraining Order if appropriate. Plaintiff shall serve a copy of this Order on all Defendants, in accordance with the Temporary Restraining Orders provisions, within two business days. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/9/23) (yv)
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Filing 97
AFFIDAVIT OF SERVICE of Motion for Default Judgment (ECF 89), Order Scheduling Default Judgment Briefing and Show Cause Hearing (ECF 90), the Temporary Restraining Order granting to Plaintiff (ECF 91) served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 1.27.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 96
AFFIDAVIT OF SERVICE of Motion for Default Judgment (ECF 89), Order Scheduling Default Judgment Briefing and Show Cause Hearing (ECF 90), the Temporary Restraining Order granting to Plaintiff (ECF 91) served on Haikoushi Lvxuan Trading Co.Ltd. on 1.27.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 95
AFFIDAVIT OF SERVICE of Motion for Default Judgment (ECF 89), Order Scheduling Default Judgment Briefing and Show Cause Hearing (ECF 90), the Temporary Restraining Order granting to Plaintiff (ECF 91) served on Shenzhen Sen Zhi Run Dian Zi Shang Wu Co. Ltd. on 1.27.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 94
AFFIDAVIT OF SERVICE of Motion for Default Judgment (ECF 89), Order Scheduling Default Judgment Briefing and Show Cause Hearing (ECF 90), the Temporary Restraining Order granting to Plaintiff (ECF 91) served on Zou qing wen on 1.27.2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 93
AFFIDAVIT OF SERVICE of Motion for Default Judgment (ECF 89), Order Scheduling Default Judgment Briefing and Show Cause Hearing (ECF 90), the Temporary Restraining Order granting to Plaintiff (ECF 91) served on Hangzhou Yueji E-commerce company limited on 1/27/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 92
UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND # 810014354 issued on 1/30/2023 in the amount of $ 15,000.00 posted by Lead Creation Inc. (tp) Modified on 1/30/2023 (tp).
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Filing 91
TEMPORARY RESTRAINING ORDER: This Court finds, in the absence of adversarial presentation, that it has personal jurisdiction over the Defendants, because the Defendants directly target their business activities toward consumers in the United States, including New York. Specifically, Plaintiff has provided a basis to conclude that Defendants have targeted sales to New York residents by setting up and operating ecommerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars and have sold the same product that infringes directly and/or indirectly Plaintiffs United States Patent (the Patent-in-suit) to residents of New York. Within seven (7) calendar days of entry of this Order, Plaintiff shall deposit with the Court one thousand dollars $15,000 either cash or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. This Temporary Restraining Order without notice is entered 4:30 P.M. on the 26th day of January, 2023 and shall remain in effect for fourteen (14) days. Per Rule 65, this Order shall expire in fourteen days. If Defendants do not appear by February 8, 2023, at 5 p.m., however, the Court will extend the TRO for an additional fourteen days on the ground that there is good cause to do so in Defendai1ts' absence. If any Defendant appears, the Court will promptly convene a conference to discuss whether to enter a preliminary injunction or briefing on the issue. Finally, Plaintiff shall serve a copy of this Order on Defendants (in the manner previously autho1ized) no later than January 27, 2023, and shall file proof of such service by January 30, 2023 and further set forth in this Order. (Signed by Judge Jesse M. Furman on 1/26/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.
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Filing 90
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING. It is hereby ORDERED that Defendants shall file any opposition to the motion for default judgment by February 13, 2023. Defendants are cautioned that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). It is further ORDERED that Defendants appear and show cause before this Court on March 2, 2023, at 4:30 p.m., why an order should not be issued granting a default judgment against Defendants. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. No later than Thursday the week prior to the conference date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiff shall serve Defendants (in the same manner that it previously served them with the summons and complaint and TRO papers) with (1) a copy of the motion for default judgment and all supporting papers; and (2) a copy of this Order within one business day of the filing of each document. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. ( Show Cause Hearing set for 3/2/2023 at 04:30 PM before Judge Jesse M. Furman.), ( Responses due by 2/13/2023) (Signed by Judge Jesse M. Furman on 1/26/23) (yv)
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Filing 89
FIRST MOTION for Default Judgment as to First Amendment Complaint. Document filed by Lead Creation Inc.. Responses due by 1/25/2023 Return Date set for 1/26/2023 at 04:00 PM. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit Clerk's Certificates of Default, #3 Exhibit First Amended Complaint (Verified) with Exhibits, #4 Text of Proposed Order Proposed Order).(Hurckes, Michael)
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Filing 88
AFFIDAVIT OF SERVICE of (Doc #78) Order dated 1/18/2023 served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 1/18/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 87
AFFIDAVIT OF SERVICE of (Doc #78) Order dated 1/18/2023 served on Haikoushi Lvxuan Trading Co.,Ltd. on 1/18/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 86
AFFIDAVIT OF SERVICE of (Doc #78) Order dated 1/18/2023 served on Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd on 1/18/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 85
AFFIDAVIT OF SERVICE of (Doc #78) Order dated 1/18/2023 served on Zou qing wen on 1/18/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 84
AFFIDAVIT OF SERVICE of Order dated 1/18/2023 served on Hangzhou Yueji E-commerce company limited on 1/18/2023. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 83
CLERK'S CERTIFICATE OF DEFAULT as to Changshayanzhihuijiaoyuzixunyouxiangongsi.(km)
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Filing 82
CLERK'S CERTIFICATE OF DEFAULT as to Haikoushi Lvxuan Trading Co, Ltd.(km)
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Filing 81
CLERK'S CERTIFICATE OF DEFAULT as to Shenzhen Sen Zhi Run Dian Zi Shang Wu Co. Ltd.(km)
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Filing 80
CLERK'S CERTIFICATE OF DEFAULT as to Zou Qing Wen.(km)
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Filing 79
CLERK'S CERTIFICATE OF DEFAULT as to Hangzhou Yueji E-commerce company limited.(km)
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Filing 78
ORDER: With apologies for the late notice, the Court must adjourn the proceeding scheduled for this afternoon. It is hereby ADJOURNED to January 26, 2023, at 4:00 p.m. The call-in information remains the same. Plaintiff shall promptly serve a copy of this Order on Defendants in the same manner that it served the summons, Complaint, TRO motion and supporting papers and shall docket proof of such service no later than January 20, 2023. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 77
AFFIRMATION of Michael A. Hurckes in Support re: #72 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request for Certificate of Default).(Hurckes, Michael)
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Filing 76
AFFIRMATION of Michael A. Hurckes in Support re: #71 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request for Certificate of Default).(Hurckes, Michael)
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Filing 75
AFFIRMATION of Michael A. Hurckes in Support re: #70 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request for Certificate of Default).(Hurckes, Michael)
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Filing 74
AFFIRMATION of Michael A. Hurckes in Support re: #69 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request for Certificate of Default).(Hurckes, Michael)
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Filing 73
AFFIRMATION of Michael A. Hurckes in Support re: #68 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request for Certificate of Default).(Hurckes, Michael)
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Filing 72
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/18/2023 (km).
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Filing 71
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/18/2023 (km).
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Filing 70
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/18/2023 (km).
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Filing 69
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/18/2023 (km).
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Filing 68
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/18/2023 (km).
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Filing 67
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 66
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Haikoushi Lvxuan Trading Co.,Ltd. on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 65
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 64
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Zou qing wen on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 63
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Hangzhou Yueji E-commerce company limited on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Hurckes. File the proof of service for the amended complaint in the case using an applicable event found under the event list Service of Process. RE-FILE Document No. #51 Proposed Clerk's Certificate of Default,. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the filed date for the amended complaint. The proof of service of the amended pleading was not filed. The proof of service listed for this defendant does not state the amended complaint was served. There was no affirmation in support filed for this defendant. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders -select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [52 and 58] HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Clerk's certificate of default : This is a Duplicate Document. Do Not Re-File. (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Hurckes. RE-FILE Document No. #61 Affirmation in Support #54 Proposed Clerk's Certificate of Default #62 Affirmation in Support #55 Proposed Clerk's Certificate of Default #59 Affirmation in Support #53 Proposed Clerk's Certificate of Default #60 Affirmation in Support #56 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proof of service of the amended pleading was not filed. File the proof of service in the case using an applicable event found under the event list Service of Process. The proofs of service listed for these defendants do not state the amended complaint was served. Re-file the each clerk's certificate separately using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders -select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. File the affirmation in support under Other Answers, affirmation in support of a non-motion. (km)
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Filing 62
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes in Support re: #56 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 1/17/2023 (km).
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Filing 61
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes in Support re: #55 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 1/17/2023 (km).
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Filing 60
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes in Support re: #54 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 1/17/2023 (km).
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Filing 59
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes in Support re: #53 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 1/17/2023 (km).
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Filing 58
FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes in Support re: #52 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 1/17/2023 (km).
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Filing 57
SUPPLEMENTAL BRIEF re: #11 Order on Motion for TRO,,,,,, Order on Motion to Serve,,,,, addressing the question of whether joinder of the five Defendants is proper. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 56
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/17/2023 (km).
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Filing 55
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/17/2023 (km).
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Filing 54
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/17/2023 (km).
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Filing 53
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/17/2023 (km).
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Filing 52
FILING ERROR - DUPLICATE DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/17/2023 (km).
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Filing 51
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/17/2023 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Hurckes RE-FILE Document No. #50 Affirmation #47 Proposed Clerk's Certificate of Default #49 Proposed Clerk's Certificate of Default #44 Affirmation #46 Affirmation #42 Affirmation in Support #41 Proposed Clerk's Certificate of Default #43 Proposed Clerk's Certificate of Default #45 Proposed Clerk's Certificate of Default #48 Affirmation. The filing is deficient for the following reason(s): the proposed clerk's certificates of default do not cite the service of the amended complaint. There are detailed instructions on our website, under forms, on how to draft a clerk's certificate when an amended complaint has been filed. Please file a separate clerk's certificate for each defaulting party. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint.. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. Refile the affirmation in support under Other Answers, Affirmation in support of a non-motion. (km)
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Filing 50
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes . Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request).(Hurckes, Michael) Modified on 1/13/2023 (km).
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Filing 49
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/13/2023 (km).
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Filing 48
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes . Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request).(Hurckes, Michael) Modified on 1/13/2023 (km).
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Filing 47
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/13/2023 (km).
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Filing 46
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes re: #45 Proposed Clerk's Certificate of Default . Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request).(Hurckes, Michael) Modified on 1/13/2023 (km).
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Filing 45
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/13/2023 (km).
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Filing 44
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes re: #43 Proposed Clerk's Certificate of Default . Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request).(Hurckes, Michael) Modified on 1/13/2023 (km).
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Filing 43
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/13/2023 (km).
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Filing 42
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael A. Hurckes in Support re: #41 Proposed Clerk's Certificate of Default. Document filed by Lead Creation Inc.. (Attachments: #1 Supplement Request for certificate).(Hurckes, Michael) Modified on 1/13/2023 (km).
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Filing 41
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/13/2023 (km).
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Filing 40
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc.. (Attachments: #1 Affidavit Affidavit in support of request to issue Clerk's Certificate of Default).(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/12/2023 (km).
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Filing 39
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Lead Creation Inc...(Hurckes, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/12/2023 (km).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Hurckes to RE-FILE Document #40 Proposed Clerk's Certificate of Default. Use the event type Other Answers, Affirmation in support of a non-motion. The affirmation is filed as the mail document and the request can be filed as an attachment. (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Hurckes. RE-FILE Document No. #39 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not cite the service of the amended complaint. There are detailed instructions on our website, under forms, on how to draft a clerk's certificate when an amended complaint has been filed. Please file a separate clerk's certificate for each defaulting party. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. (km)
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 37. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/27/2022) (tg)
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Filing 37
MOTION for Extension of Time to file Supplemental Brief. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 36
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Haikoushi Lvxuan Trading Co.,Ltd. on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 35
AFFIDAVIT OF SERVICE served on Zou qing wen on 12/21/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 34
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Hangzhou Yueji E-commerce company limited on 12/22/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 33
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Changshayanzhihuijiaoyuzixunyouxiangongsi on 12/22/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 32
AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint and TRO served on Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd on 12/22/2022. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 31
ELECTRONIC SUMMONS ISSUED as to Changshayanzhihuijiaoyuzixunyouxiangongsi..(gp)
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Filing 30
ELECTRONIC SUMMONS ISSUED as to Hangzhou Yueji E-Commerce Company Limited..(gp)
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Filing 29
ELECTRONIC SUMMONS ISSUED as to Zou Qing Wen..(gp)
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Filing 28
ELECTRONIC SUMMONS ISSUED as to Haikoushi Lvxuan Trading Co., Ltd...(gp)
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Filing 27
ELECTRONIC SUMMONS ISSUED as to Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd...(gp)
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Filing 26
ORDER denying #19 Motion for TRO; denying #20 Motion for Reconsideration re #19 EMERGENCY MOTION for Temporary Restraining Order . filed by Lead Creation Inc., #20 MOTION for Reconsideration re; #11 Order on Motion for TRO, Order on Motion to Serve, . filed by Lead Creation Inc. As Plaintiff presents no valid grounds for reconsideration, the motion is DENIED. See, e.g., Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) ("It is well-settled that [a motion for reconsideration] is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple. Rather, the standard for granting a... motion for reconsideration is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked." (internal quotation marks, citations, ellipsis, and alterations omitted)). Plaintiff also filed another motion for a temporary restraining order on December 19, 2022. ECF No. 19. As the Court reserved judgement on Plaintiff's prior TRO motion until after Defendants have had notice and an opportunity to be heard, Plaintiff's new TRO motion is DENIED as superfluous. Plaintiff's initial TRO motion, ECF No. 2, remains the operative motion and remains under advisement. Plaintiff's deadline to serve the summons, complaint, operative TRO motion and supporting papers, and a copy of the Court's December 16, 2022 Order is hereby EXTENDED to December 21, 2022. Plaintiff is further directed to serve the Amended Complaint, ECF No. 18, and a copy of this Order on Defendants by the same date. Plaintiff shall file proof of service on the docket by December 23, 2022. The Clerk of Court is directed to terminate ECF Nos. 19 and 20. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/20/22) (yv)
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Filing 25
REQUEST FOR ISSUANCE OF SUMMONS as to Changshayanzhihuijiaoyuzixunyouxiangongsi, re: #18 Amended Complaint,,. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 24
REQUEST FOR ISSUANCE OF SUMMONS as to Haikoushi Lvxuan Trading Co.,Ltd., re: #18 Amended Complaint,,. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 23
REQUEST FOR ISSUANCE OF SUMMONS as to Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd, re: #18 Amended Complaint,,. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 22
REQUEST FOR ISSUANCE OF SUMMONS as to zou qing wen, re: #18 Amended Complaint,,. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to Hangzhou Yueji E-commerce company limited, re: #18 Amended Complaint,,. Document filed by Lead Creation Inc...(Hurckes, Michael)
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Set/Reset Deadlines: Service due by 12/21/2022. (yv)
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Filing 20
MOTION for Reconsideration re; #11 Order on Motion for TRO,,,,,, Order on Motion to Serve,,,,, . Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit TRO Order, #2 Exhibit Maps search of Defendants, #3 Exhibit Amazon Seller Wallet Policy).(Hurckes, Michael)
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Filing 19
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Lead Creation Inc.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Appendix Memorandum of law in support of TRO, #3 Appendix Schedule A seller Aliases, #4 Appendix Schedule B maps search of Defendants addresses, #5 Exhibit Patent in suit, #6 Exhibit Accused Products, #7 Exhibit Expert Opinion, #8 Exhibit Alibaba, Amazon, and Counterfeiting in the Age of the Internet, #9 Exhibit Combating Trafficking in Counterfeit and Pirated Goods).(Hurckes, Michael) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 18
FIRST AMENDED COMPLAINT amending #1 Complaint,,,, against The Partnerships and Unincorporated Associations identified on Schedule A with JURY DEMAND.Document filed by Lead Creation Inc.. Related document: #1 Complaint,,,,. (Attachments: #1 Appendix Schedule A Seller Aliases, #2 Exhibit Maps search of Defendants' addresses, #3 Exhibit Receipts of purchase of infringing products, #4 Exhibit Patent-in-suit, #5 Exhibit Infringing Products, #6 Exhibit Journal Alibaba, Amazon, and Counterfeiting in the Age of the Internet, #7 Exhibit Report Combating Trafficking in Counterfeit and Pirated Goods, #8 Exhibit Expert Opinion).(Hurckes, Michael)
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Filing 17
ORDER: On December 16, 2022, Plaintiff requested the issuance of a summons for five Defendants. The Clerk of Court is directed to add the following Defendants to the case caption: Hangzhou Yueji E-Commerce Company Limited d/b/a SKNSL Direct; Zou Qing Wen d/b/a MAXIAEON; Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., d/b/a Senrun-US; Haikoushi Lvxuan Trading Co., Ltd., d/b/a Yinghuatiyu; Changshayanzhihuijiaoyuzixunyouxiangongsi d/b/a Beaulyue. The Clerk of Court is further directed to issue the summons requested at ECF Nos. 12-16. Plaintiff's deadline to serve the summons, complaint, TRO motion and all supporting papers, and a copy of the Court's December 16, 2022 Order is hereby EXTENDED to December 20, 2022. Plaintiff shall file proof of service on the docket by December 22, 2022. Hangzhou Yueji E-Commerce Company Limited, Zou Qing Wen, Shenzhen Sen Zhi Run Dian Zi Shang Wu Co., Ltd., Haikoushi Lvxuan Trading Co., Ltd. and Changshayanzhihuijiaoyuzixunyouxiangongsi added., ( Service due by 12/20/2022.) (Signed by Judge Jesse M. Furman on 12/19/2022) (rro) Transmission to Civil Case Openings Clerk for processing.
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Alexander Hurckes to RE-FILE Document No. #13 Request for Issuance of Summons, #12 Request for Issuance of Summons, #16 Request for Issuance of Summons, #15 Request for Issuance of Summons, #14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): defendants listed on summonses do not reflect on the ECF docket. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (nm)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held via teleconference on 12/16/2022. Michael A. Hurckes present for Plaintiff. No one present for Defendants. Court reporter present. (ab)
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Filing 16
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Beaulyue changshayanzhihuijiaoyuzixunyouxiangongsi, re: #1 Complaint,,,,. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 12/19/2022 (nm).
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Filing 15
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to yinghuatiyu Haikoushi Lvxuan Trading Co.,Ltd., re: #1 Complaint,,,,. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 12/19/2022 (nm).
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Filing 14
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Senrun-US Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd, re: #1 Complaint,,,,. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 12/19/2022 (nm).
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Filing 13
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to MAXIAEON zou qing wen, re: #1 Complaint,,,,. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 12/19/2022 (nm).
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Filing 12
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to SKNSL Direct Hangzhou Yueji E-commerce company limited, re: #1 Complaint,,,,. Document filed by Lead Creation Inc...(Hurckes, Michael) Modified on 12/19/2022 (nm).
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Filing 11
ORDER: denying #2 Motion for TRO; granting #9 Motion to Serve. As stated on the record during the teleconference held earlier today: Plaintiff's request to proceed on an ex parte basis, see ECF No. 2, is DENIED for failure to satisfy the requirements of Rule 65(b)(1)(A) of the Federal Rules of Civil Procedure. The Court reserves judgment on the motion for a temporary restraining order ("TRO") and preliminary injunction. Plaintiff's motion for alternative service by email, ECF No. 9, is GRANTED. Plaintiff shall serve the summons, complaint, TRO motion and all supporting papers, and a copy of this Order on Defendants no later than December 19, 2022, and shall file proof of service on the docket by December 21, 2022. Any opposition to Plaintiff's TRO motion shall be filed by January 6, 2023. Any reply shall be filed by January 13, 2023. The Court will hold a hearing to address Plaintiff's TRO motion on January 18, 2023, at 2:30 p.m. To join the proceeding, the parties should call 888-363-4749 and use access code 542-1540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. And as set forth herein. The Clerk of Court is directed to terminate ECF No. 9. SO ORDERED.. (Signed by Judge Jesse M. Furman on 12/16/2022) (ama)
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Set/Reset Deadlines: ( Responses due by 1/6/2023, Replies due by 1/13/2023., Service due by 12/19/2022.), Set/Reset Hearings:(Telephonic Status Conference set for 1/18/2023 at 02:30 PM before Judge Jesse M. Furman.) (ama)
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Filing 10
LETTER addressed to Judge Jesse M. Furman from MAH ADVISING LLC, Michael A. Hurckes, Esq. dated 12/15/2022 re: Conference in Lead Creation Inc. v. Hangzhou Yueji E-commerce Co. Ltd., et al. Civil Case No. 22-CV-10377. Document filed by Lead Creation Inc.. (Attachments: #1 Appendix Corrected Expert Report, #2 Exhibit Expert Resume).(Hurckes, Michael)
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Filing 9
MOTION to Serve Defendants via email. Document filed by Lead Creation Inc.. (Attachments: #1 Exhibit Communication with Defendant SKNSL Direct, #2 Exhibit Exhibit Communication with Defendant MAXIAEON, #3 Exhibit Communication with Defendant Senrun-US, #4 Exhibit Communication with Defendant yinghuatiyu, #5 Exhibit Google Maps search of addresses of Defendants).(Hurckes, Michael)
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Filing 8
LETTER addressed to Judge Jesse M. Furman from MAH ADVISING LLC, Michael A. Hurckes, Esq dated 12/14/2022 re: TRO Conference for Lead Creation Inc. v. Hangzhou Yueji E-commerce Co. Ltd., et al. Civil Case No. 22-CV-10377. Document filed by Lead Creation Inc.. (Attachments: #1 Appendix Amazon Receipts of purchase of Infringing Products shipped to NY).(Hurckes, Michael)
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Filing 7
ORDER: On December 8, 2022, Plaintiff filed a Complaint and an ex parte motion seeking entry of a Temporary Restraining Order. See ECF Nos. 1, 2. It is hereby ORDERED that Plaintiff shall appear for a conference with the Court on December 16, 2022, at 10:00 a.m. Plaintiff should be prepared to discuss the following: As set forth herein. The conference will be held remotely by telephone in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. Plaintiff should join the conference by calling the Courts dedicated conference line at(888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephonenumbers from which counsel expect to join the call. SO ORDERED., (Telephonic Status Conference set for 12/16/2022 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/13/2022) (ama)
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Filing 6
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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). (vf)
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Filing 5
MEMORANDUM OF LAW in Support re: #2 EX PARTE MOTION for Temporary Restraining Order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery. . Document filed by Lead Creation Inc.. (Attachments: #1 Appendix Schedule A Seller Aliases, #2 Exhibit Exhibit-1 Patent in suit, #3 Exhibit Exhibit-2 Accused Products, #4 Exhibit Exhibit-3 Claims Comparison Chart & Expert Opinion of Ms. Brenitra Mosley, MBA., senior consulting engineer, registered patent practitioner, electrical engineer and cybersecurity engineer., #5 Text of Proposed Order Proposed Order).(Hurckes, Michael)
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Filing 4
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Hurckes, Michael)
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Filing 3
CIVIL COVER SHEET filed..(Hurckes, Michael)
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Filing 2
EX PARTE MOTION for Temporary Restraining Order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery. Document filed by Lead Creation Inc.. Return Date set for 12/12/2022 at 04:00 PM. (Attachments: #1 Appendix Memorandum in support of TRO, #2 Appendix gement Schedule A identifying Seller Aliases, Partnerships and Unincorporated Associations engaged in Patent infringement, #3 Exhibit Exhibit-1 Patent in suit, #4 Exhibit Exhibit-2 Accused Products, #5 Exhibit Exhibit-3 Claims Comparison Chart & Expert Opinion of Ms. Brenitra Mosley, MBA., senior consulting engineer, registered patent practitioner, electrical engineer and cybersecurity engineer., #6 Text of Proposed Order Proposed Order).(Hurckes, Michael) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 1
COMPLAINT against Haikoushi Lvxuan Trading Co.,Ltd., Hangzhou Yueji E-commerce company limited, Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd, changshayanzhihuijiaoyuzixunyouxiangongsi, zou qing wen. (Filing Fee $ 402.00, Receipt Number ANYSDC-27059601)Document filed by Lead Creation Inc.. (Attachments: #1 Appendix Schedule A identifying Seller Aliases, Partnerships and Unincorporated Associations engaged in Patent infringement, #2 Exhibit Exhibit-1 Patent in suit, #3 Exhibit Exhibit-2 Accused Products, #4 Exhibit Exhibit-3 Daniel C.K. Chow, Alibaba, Amazon, and Counterfeiting in the Age of the Internet, 40 NW. J. INTL L. & BUS. 157, 186 (2020), #5 Exhibit Exhibit-4 report on Combating Trafficking in Counterfeit and Pirated Goods prepared by the U.S. Department of Homeland Securitys Office of Strategy, Policy, and Plans (Jan. 24, 2020), #6 Exhibit Exhibit-5 Claims Comparison Chart & Expert Opinion of Ms. Brenitra Mosley, MBA., senior consulting engineer, registered patent practitioner, electrical engineer and cybersecurity engineer.).(Hurckes, Michael)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Alexander Hurckes. The party information for the following party/parties has been modified: Lead Creation, Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Michael Alexander Hurckes to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Alexander Hurckes. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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Case Designated ECF. (vf)
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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. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Alexander Hurckes. The following case opening statistical information was erroneously selected/entered: Cause of Action code 18:1341 Patent Infringement; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 17:501 Copyright Infringement; the Fee Status code has been modified to pd (paid). (vf)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Michael Alexander Hurckes. The following party/parties has been removed from this case: Haikoushi Lvxuan Trading Co.,Ltd., Hangzhou Yueji E-commerce company limited, Shenzhen Sen Zhi Run Dian Zi Shang Wu Co.,Ltd, changshayanzhihuijiaoyuzixunyouxiangongsi, zou qing wen.. The party was added to the case in error. (vf)
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