Hairu Ma v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto
| hairu ma |
| defendants and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto |
| 1:2022cv10784 |
| December 21, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. Application GRANTED. The Temporary Restraining Order is hereby extended through February 27, 2023, and the preliminary injunction hearing is ADJOURNED to February 27, 2023, at 3 p.m. The call-in information for that hearing remains the same. Any opposition papers shall be filed by February 23, 2023; Plaintiff shall file a proposed preliminary injunction order by February 24, 2023. No further extensions of these deadlines is likely to be granted and Plaintiff is cautioned that failure to adhere to any of these deadlines (as Plaintiff failed to adhere to some deadlines in the past few days) will not be looked upon kindly. The Court finds, for the reasons set forth in counsel's letter, that there is good cause to extend the Temporary Restraining Order as set forth above. Finally, Plaintiff shall serve a copy of this endorsed letter motion on Defendants with the preliminary injunction papers. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/15/23) (yv)
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Set/Reset Hearings: Status Conference set for 2/27/2023 at 03:00 PM before Judge Jesse M. Furman. (yv)
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Filing 28
***EX-PARTE*** LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Cory J. Rosenbaum dated 2.14.23. Document filed by Hairu Ma.Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time. The Temporary Restraining Order in this case is extended to February 15, 2023, as the Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, good cause exists, namely to give Plaintiffs additional time to identify Defendants. Additionally, the preliminary injunction hearing is hereby ADJOURNED to February 15, 2023, at 2:30 p.m. The other deadlines below are hereby extended by one week. Finally, Plaintiff shall serve a copy of this endorsed letter on Defendants with its preliminary injunction motion papers. The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/6/23) (yv)
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Set/Reset Hearings: Status Conference set for 2/15/2023 at 02:30 PM before Judge Jesse M. Furman. (yv)
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Filing 26
***EX-PARTE***SECOND LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Cory Rosenbaum dated February 3, 2023. Document filed by Hairu Ma.Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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CASHIERS OFFICE REGISTRY DEPOSIT as per #20 Order on Motion for TRO, dated 1/9/2023, from Judge Jesse M. Furman, received $20,000.00 from HAIRU MA Receipt Number 11222 on 1/20/2023..(jkr)
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Hairu Ma, ENDORSEMENT: The Temporary Restraining Order in this case is extended to February 8, 2023, as the Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, good cause exists, namely to give Plaintiffs additional time to identify Defendants. Accordingly, the preliminary injunction hearing is hereby ADJOURNED to February 8, 2023, at 11:00 a.m. Plaintiff's proposed preliminary injunction order is due by February 6, 2023, at noon; Defendants' opposition papers are due by the same date at 5:00 p.m.; and unsealed versions of Schedule A to the Complaint and Exhibit 2 to the Declaration of Ahmed Ismael are due by February 3, 2023. Plaintiff shall serve a copy of this endorsed letter on Defendants with its preliminary injunction motion papers. Finally, Plaintiff is reminded that requests for relief must be filed as letter-motions, and not as ordinary letters, on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/2023) ( Status Conference set for 2/8/2023 at 11:00 AM before Judge Jesse M. Furman.) (ks)
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Filing 24
FIRST LETTER addressed to Judge Jesse M. Furman from Cory Rosenbaum dated January 17, 2023 re: adjournment of deadlines. Document filed by Hairu Ma..(Rosenbaum, Cory)
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Filing 23
***EX-PARTE***REQUEST FOR ISSUANCE OF SUMMONS as to all defendants listed on schedule A, re: #22 Complaint. Document filed by Hairu Ma. Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 22
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. Document filed by Hairu Ma..(Rosenbaum, Cory)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST ERROR COMPLAINT against Hairu Ma. Document filed by Hairu Ma..(Rosenbaum, Cory) Modified on 1/10/2023 (gp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Cory Jay Rosenbaum to RE-FILE re: Document No. #21 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected and the order granting permission to file the pleading was not attached. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (gp)
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Filing 20
TEMPORARY RESTRAINING ORDER granting #4 Motion for TRO. Effective immediately, the Court further ORDERS as follows: Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under, or in active concert with them are temporarily enjoined and restrained from: a. Using the PEN HOLDER copyrights or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine PEN HOLDER product or is not authorized by Plaintiff to be sold in connection with the PEN HOLDER copyrights; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine PEN HOLDER product that is not Plaintiff' or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the PEN HOLDER copyrights; committing any acts calculated to cause consumers to believe that Defendants' counterfeit PEN HOLDER products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; d. further infringing the PEN HOLDER copyrights and damaging Plaintiff' goodwill and as further set forth in this Order. Defendants, within fourteen (14) days after service of judgment with notice of entry thereof upon them, are required to file with the Court and serve upon Plaintiff a written report under oath setting forth in detail the manner and form in which Defendants have complied with paragraph 1 above. Those in privity with Defendants and those with notice of the injunction, including any online marketplaces such as Amazon, social media platforms such as Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and Yahoo, shall within five (5) days of receipt of this Order: a. disable and cease providing services for any accounts through which Defendants engage in the sale of counterfeit PEN HOLDER products using the PEN HOLDER copyrights, including any accounts associated with the Defendants listed on Schedule A; b. disable and cease displaying any advertisements used by or associated with Defendants in connection with the sale of counterfeit PEN HOLDER products using the PEN HOLDER copyrights; and c. take all steps necessary to prevent links to the Defendant Domain Names identified on Schedule A from displaying in search results, including, but not limited to, removing links to the Defendant Domain Names from any search index. Paragraph 3, and any other substantive reference to the "Defendant Domain Names" are stricken because Plaintiff does not indicate in its supporting papers that Defendants own or operate their own websites. Instead, Defendants seem to sell the products at issue only on third-party websites. Defendants and any persons in active concert or participation with them who have actual notice of this Order shall be temporarily restrained and enjoined from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. Amazon Payments Inc ("Amazon") and PayPal shall, within five (5) days of receipt of this Order: a. Locate all accounts and funds connected to Defendants, Defendants' Online Marketplace Accounts or Defendants' websites, including, but not limited to, any accounts connected to the information listed in Schedule A hereto; Restrain and enjoin such accounts from receiving, transferring or disposing of any money or other of Defendants assets until further ordered by this Court. Defendants and any third party with actual notice of this Order who is providing services for any of the Defendants, or including, without limitation, any online marketplace platforms such as Amazon, Facebook, internet service providers, web hosts, back-end service providers, web designers, sponsored search engine or ad-word providers, banks, merchant account providers, including Amazon, PayPal and Payoneer, third party processors and other payment processing service providers, shippers, and domain name registrars shall, within fourteen (14) days after receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: a. The identities and locations of Defendants, their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, including all known contact information; b. the nature of Defendants operations and all associated sales and financial information, including, without limitation, identifying information associated with the Online Marketplace Accounts, the Defendant Domain Names, and Defendants' financial accounts, as well as providing a full accounting of Defendants' sales and listing history related to their respective Online Marketplace Accounts and Defendant Domain Names and as further set forth in this Order. Plaintiff may provide notice of these proceedings to Defendants, including notice of the status hearing and service of process pursuant to Rule 4(f) of the Federal Rules of Civil Procedure and Articles 1 and 15 of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the "Hague Convention"), by electronically publishing a link to the Complaint, this Order and other relevant documents on a website or by sending an e-mail to any e-mail addresses provided for Defendants by third parties that includes a link to said website. The Clerk of Court is directed to issue a single original summons naming the individual defendants listed on Schedule A, ECF No. 11. Plaintiff should contact the SDNY Finance/Cashier Office to obtain the summons in-person. Schedule A to the Complaint and Exhibit 2 to the Declaration of Ahmed Ismael shall remain sealed. Unless the Court orders otherwise, Plaintiff shall file unsealed versions of Schedule A to the Complaint and Exhibit 2 to the Declaration of Ahmed Ismael using the CM/ECF system no later than January 18, 2023. Plaintiff shall deposit with the Court Twenty Thousand Dollars $20,000.00 either cash, cashier's check 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. IT IS FURTHER ORDERED that a hearing shall be held on January 23, 2023 at 11:00 a.m. which Plaintiff may present their motion for a preliminary injunction. The hearing shall proceed by teleconference as described below. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before January 19, 2023 at 5:00 p.m. This Temporary Restraining Order without notice is entered at 1:15 p.m. on January 9, 2023, and shall remain in effect for fourteen (14) days. The hearing will take place 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. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) 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 the parties, no later than 24 hours before the conference, to send an email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Plaintiff is hereby ORDERED to submit a proposed preliminary injunction order by no later than January 19, 2023, at noon. The Clerk of Court is directed to terminate ECF No. 4. (Signed by Judge Jesse M. Furman on 1/9/23) (yv) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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Filing 19
ORDER granting #7 Motion for Leave to File Excess Pages; granting #3 Motion for Leave to File Case Under Seal. Plaintiff's motion is GRANTED. To conform the docket to the motion, however, the Clerk of Court is directed to unseal ECF Nos. 3-10, 12, 15-16, 17-main, and 18-main. (To be clear: In the case of ECF Nos. 17 and 18, the main documents should be unsealed, but the exhibits should remain under seal, with viewing restricted to the filing party and the Court). Additionally, the Clerk of Court is directed to seal ECF No. 11 (that is, to change the viewing restrictions to the filing party and the Court). Finally, Plaintiff shall file an unsealed copy of the Complaint, without Schedule A attached, by January 11, 2023. Additionally, Plaintiff's motion for enlarged page limits, ECF No. 7, is GRANTED nunc pro tunc. The Clerk of Court is directed to terminate ECF Nos. 3 and 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/9/23) (yv)
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Set/Reset Hearings: Telephone Conference set for 1/23/2023 at 11:00 AM before Judge Jesse M. Furman. (yv)
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Set/Reset Deadlines: Responses due by 1/19/2023 (yv)
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Filing 18
***EX-PARTE***DECLARATION of D. Levine in Support re: #4 FIRST MOTION for Temporary Restraining Order .. Document filed by Hairu Ma. (Attachments: #1 Exhibit in support, #2 Exhibit in support, #3 Exhibit in support, #4 Exhibit in support, #5 Exhibit in support, #6 Exhibit in support)Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 17
***EX-PARTE***NOTICE of store sales. Document filed by Hairu Ma. (Attachments: #1 Exhibit in support, #2 Exhibit in support, #3 Exhibit in support, #4 Exhibit in support, #5 Exhibit in support, #6 Exhibit in support)Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 16
***EX-PARTE***DECLARATION of d. levine in Support re: #4 FIRST MOTION for Temporary Restraining Order .. Document filed by Hairu Ma. Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Ex Parte TRO hearing held via teleconference on 1/4/2023. CJ Rosenbaum for Plaintiff. Court reporter present. (ab)
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Filing 15
***EX-PARTE***DECLARATION of d. levine in Support re: #4 FIRST MOTION for Temporary Restraining Order .. Document filed by Hairu Ma. Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 14
ORDER with respect to #4 Motion for TRO; with respect to #3 Motion for Leave to File Case Under Seal. On December 21, 2022, Plaintiff filed a Complaint, a motion for leave to file the case under seal, and an ex parte motion seeking entry of a Temporary Restraining Order. See ECF Nos. 1, 3, 4. On December 23, 2022, the case was reassigned to the undersigned. It is hereby ORDERED that Plaintiff shall appear for a conference with the Court on January 4, 2023, at 3:15 p.m. Plaintiff should be prepared to discuss the following: Whether the allegations in the Complaint are sufficient for the Court to exercise personal jurisdiction over Defendants. See, e.g., Spin Master Ltd. v. 158, 463 F. Supp. 3d 348 (S.D.N.Y. 2020). Whether there is a basis for granting a temporary restraining order without notice to Defendants, including whether Plaintiff has demonstrated the "immediate and irreparable injury, loss, or damage." Fed. R. Civ. P. 65(b)(1). Whether Plaintiff has demonstrated a likelihood of success on the merits. 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 Court's 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 telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/27/2022) (tg)
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Set/Reset Hearings: Telephone Conference set for 1/4/2023 at 03:15 PM before Judge Jesse M. Furman. (tg)
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Magistrate Judge Sarah Netburn 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. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Cathy Seibel is no longer assigned to the case. (vba)
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Filing 13
CIVIL COVER SHEET filed..(Rosenbaum, Cory)
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Filing 12
***EX-PARTE***AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 11
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Filing Fee $ 402.00, Receipt Number ANYSDC-27125071)Document filed by Hairu Ma..(Rosenbaum, Cory)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Cory Jay Rosenbaum to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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Magistrate Judge Andrew E. Krause 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 PARTY MODIFICATION. Notice to attorney Cory Jay Rosenbaum. The party information for the following party/parties has been modified: hairu ma, defendants. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party name entered incorrectly. (vf)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Cory Jay Rosenbaum 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 OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Philip M. Halpern is no longer assigned to the case. (vba)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #5 Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
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Case Designated ECF. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cory Jay Rosenbaum. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44 Trademark Infringement; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 35:271 Patent Infringement; the County code has been modified to XX Out of U.S.. (vf)
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Filing 10
***EX-PARTE***DECLARATION of C.J. Rosenbaum in Support re: #4 FIRST MOTION for Temporary Restraining Order .. Document filed by hairu ma. (Attachments: #1 Exhibit in support, #2 Exhibit in support, #3 Exhibit in support, #4 Exhibit in support, #5 Exhibit in support, #6 Exhibit in support)Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 9
***EX-PARTE***DECLARATION of A. Ismael in Support re: #4 FIRST MOTION for Temporary Restraining Order .. Document filed by hairu ma. Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 8
***EX-PARTE***DECLARATION of C.J. Rosenbaum in Support re: #4 FIRST MOTION for Temporary Restraining Order .. Document filed by hairu ma. Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 7
***EX-PARTE*** MOTION for Leave to File Excess Pages . Document filed by hairu ma.Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 6
***EX-PARTE*** RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by hairu ma.Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory)
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Filing 5
***EX-PARTE***PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by hairu ma. Related Document Number: #4 . Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 4
***EX-PARTE***FIRST MOTION for Temporary Restraining Order . Document filed by hairu ma.Motion or Order to File Under Seal: #3 .(Rosenbaum, Cory) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 3
MOTION for Leave to File Case Under Seal . Document filed by hairu ma. Return Date set for 12/21/2022 at 05:05 PM..(Rosenbaum, Cory)
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Filing 2
CIVIL COVER SHEET filed.(Rosenbaum, Cory)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27121155)Document filed by hairu ma..(Rosenbaum, Cory) Modified on 12/22/2022 (vf).
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| Plaintiff: hairu ma | |
| Represented By: | Cory Jay Rosenbaum |
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