Jiangsu Huari Webbing Leather Co., Ltd. v. Joes Identified in Schedule A
| Jiangsu Huari Webbing Leather Co., Ltd. |
| Joes Identified in Schedule A, Hyponix Brands Ltd. doing business as Hyponix Sporting Goods, ninjasafe, Trailblaze Products, Sell Below Cost USA LLC, Kaspien, YOUYING TECH DEVELOPMENT LIMITED, Yao Shun Toy, Avican, Edostory, Aveka US, Kegitantan, I-Choice, Lillian Imports, THUNDERBAY PRODUCTS, BELONET, ZBPRESS, GOLDBRIX, Aosom Direct, TSJ ABC123, musicman1a2a3a4, jess_nr5, MDSTOP, Xi Bei, Cuhom, ACX Inc and HOPEMZ |
| 1:2023cv02605 |
| March 28, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
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Filing 75
NOTICE of Supplemental Authority in support of NinjaSafe's pending Motion for Bond Damages, Sanction, and Attorney Fees re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions., #55 Memorandum of Law in Support of Motion. Document filed by ninjasafe. (Attachments: #1 Exhibit A - Supplemental Authority).(Isackson, Robert)
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Filing 74
NOTICE of Supplemental Authority in support of Hyponix's pending Motion for Bond Damages, Sanction, and Attorney Fees re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions., #50 Memorandum of Law in Support of Motion. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit A - Supplemental Authority).(Isackson, Robert)
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Filing 73
***SELECTED PARTIES***DECLARATION of Nir Weiner in Support re: #72 LETTER MOTION to Seal Exhibits to Supplemental Declaration of Nir Weiner addressed to Judge Jennifer L. Rochon from Robert M. Isackson dated May 23, 2023.. Document filed by ninjasafe, Jiangsu Huari Webbing Leather Co., Ltd.. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Wechat Message)Motion or Order to File Under Seal: #72 .(Isackson, Robert)
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Filing 72
LETTER MOTION to Seal Exhibits to Supplemental Declaration of Nir Weiner addressed to Judge Jennifer L. Rochon from Robert M. Isackson dated May 23, 2023. Document filed by ninjasafe..(Isackson, Robert)
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Filing 71
DECLARATION of Nir Weiner in Support re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by ninjasafe. (Attachments: #1 Exhibit 1 - Email (Redacted), #2 Exhibit 2 - Wechat Message (Redacted)).(Isackson, Robert)
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Filing 70
DECLARATION of Robert M. Isackson in Support re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by ninjasafe. (Attachments: #1 Exhibit 5 - Leason Ellis Invoice, #2 Exhibit 6 - May Fee Report).(Isackson, Robert)
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Filing 69
REPLY MEMORANDUM OF LAW in Support re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions. . Document filed by ninjasafe..(Isackson, Robert)
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Filing 68
DECLARATION of Robert M. Isackson in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit 3 - Invoice, #2 Exhibit 4 - May Fee Report).(Isackson, Robert)
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Filing 67
REPLY MEMORANDUM OF LAW in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions. . Document filed by Hyponix Brands Ltd...(Isackson, Robert)
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Filing 66
DECLARATION of Jiyuan Zhang in Opposition re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. (Attachments: #1 Exhibit A. Lexis Search, #2 Exhibit B. NY Lexis Search, #3 Exhibit C. Patent, #4 Exhibit D. NinjaSafe Amazon Store, #5 Exhibit E. NinjaSafe DE search, #6 Exhibit F. NinjaSafe own website, #7 Exhibit G. NinjaSafe address check, #8 Exhibit H. Proof of service by email, #9 Exhibit I. Email w D's counsel, #10 Exhibit J. Article, #11 Exhibit K. Article).(Zhang, Jiyuan)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions. . Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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Filing 64
DECLARATION of Steven Fairchild in Opposition re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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Filing 63
DECLARATION of Jiyuan Zhang in Opposition re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. (Attachments: #1 Exhibit A. Lexis Search, #2 Exhibit B. NY Lexis Search, #3 Exhibit C. Patent, #4 Exhibit D. Hyponix Amazon Store, #5 Exhibit E. Hyponix DE, #6 Exhibit F. Hyponix Sporting Goods, #7 Exhibit G. Hyponix Canada Info, #8 Exhibit H. Hyponix Amazon Listings, #9 Exhibit I. Article, #10 Exhibit J. Article).(Zhang, Jiyuan)
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Filing 62
MEMORANDUM OF LAW in Opposition re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions. . Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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Filing 61
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/17/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 60
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/17/2023 before Judge Jennifer L. Rochon. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2023. Redacted Transcript Deadline set for 6/8/2023. Release of Transcript Restriction set for 8/7/2023..(McGuirk, Kelly)
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Filing 59
***SELECTED PARTIES***DECLARATION of Gevin Rai in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Hyponix Brands Ltd., Jiangsu Huari Webbing Leather Co., Ltd.. (Attachments: #1 Exhibit A - Revenue Spreadsheet)Motion or Order to File Under Seal: #58 .(Isackson, Robert)
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Filing 58
LETTER MOTION to Seal Supplemental Declaration of Gevin A. Rai (Dkt. 53) addressed to Judge Jennifer L. Rochon from Robert M. Isackson dated May 3, 2023. Document filed by Hyponix Brands Ltd...(Isackson, Robert)
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Filing 57
DECLARATION of Nir Weiner in Support re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by ninjasafe. (Attachments: #1 Exhibit A - April 2022 Sales, #2 Exhibit B - TRO Lost Sales, #3 Exhibit C - NinjaSafe's Product Price).(Isackson, Robert)
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Filing 56
DECLARATION of Robert M. Isackson in Support re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by ninjasafe. (Attachments: #1 Exhibit 1 - Fee Report, #2 Exhibit 2 - Rosenbaum Invoice, #3 Exhibit 3 - AIPLA, #4 Exhibit 4 - Redline Comparison).(Isackson, Robert)
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Filing 55
MEMORANDUM OF LAW in Support re: #54 MOTION for Attorney Fees , Bond Damages and Sanctions. . Document filed by ninjasafe..(Isackson, Robert)
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Filing 54
MOTION for Attorney Fees , Bond Damages and Sanctions. Document filed by ninjasafe. (Attachments: #1 Text of Proposed Order Proposed Order).(Isackson, Robert)
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Filing 53
DECLARATION of Gevin Rai in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit A - Revenue Spreadsheet).(Isackson, Robert)
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Filing 52
DECLARATION of Sevag Demirjian in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit A - Draft Invoice).(Isackson, Robert)
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Filing 51
DECLARATION of Robert M. Isackson in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions.. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit 1 - Fee Report, #2 Exhibit 2 - AIPLA Excerpts).(Isackson, Robert)
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Filing 50
MEMORANDUM OF LAW in Support re: #49 MOTION for Attorney Fees , Bond Damages and Sanctions. . Document filed by Hyponix Brands Ltd...(Isackson, Robert)
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Filing 49
MOTION for Attorney Fees , Bond Damages and Sanctions. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order).(Isackson, Robert)
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Filing 48
NOTICE OF APPEARANCE by Robert M. Isackson on behalf of ninjasafe..(Isackson, Robert)
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Filing 47
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action without prejudice as against all remaining defendants in this action. Therefore, all defendants in this action are dismissed, there are no remaining defendants. The case is closed and the remaining Defendants in Schedule A are dismissed without prejudice. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/28/2023) (jca)
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Filing 46
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action without prejudice as against the following Defendants: 1. ACX Inc (Defendant docketed D002 in Schedule "A"); 2. HOPEMZ (Defendant docketed D004 in Schedule "A"); 3. SELL BELOW COST (Defendant docketed D057 in Schedule "A"); 4. Trailblaze Products (Defendant docketed D062 in Schedule "A"); In light of Plaintiff's voluntary dismissal, ACX Inc (D002), HOPEMZ (D004), SELL BELOW COST (D057), and Trailblaze Products (D062) are hereby dismissed from the action. SO ORDERED. Sell Below Cost USA LLC, Sell Below Cost USA LLC, Trailblaze Products, ACX Inc and HOPEMZ terminated. (Signed by Judge Jennifer L. Rochon on 4/27/2023) (jca)
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Filing 45
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) Joes Identified in Schedule A. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #44 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 44
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) Sell Below Cost USA LLC, Trailblaze Products, ACX Inc, HOPEMZ. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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Filing 43
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action with prejudice as against the following Defendants: 1. Cuhom (Defendant docketed D060 in Schedule "A"); In light of Plaintiff's voluntary dismissal, Defendant Cuhom (D060) is dismissed from this action with prejudice. SO ORDERED. Cuhom terminated. (Signed by Judge Jennifer L. Rochon on 4/26/2023) (jca)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #42 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 42
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Cuhom. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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Filing 41
ORDER OF DISMISSAL Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action with prejudice as against the following Defendants: 1. MDSTOP (Defendant docketed D016 in Schedule "A"); 2. Xi Bei (Defendant docketed D020 in Schedule "A") DONE AND ORDERED. In light of Plaintiff's voluntary dismissal, MDSTOP (D016) and Xi Bei (D020) are dismissed from this action. MDSTOP and Xi Bei terminated. (Signed by Judge Jennifer L. Rochon on 4/21/2023) (jca)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #40 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 40
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, with prejudice and without costs against the defendant(s) MDSTOP, Xi Bei. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan) .
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Filing 39
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action without prejudice as against the following Defendants: 1. Aveka US (Defendant docketed D018 in Schedule "A"); 2. Kegitantan (Defendant docketed D039 in Schedule "A"); 3. I-Choice (Defendant docketed D044 in Schedule "A"); 4. Lillian Imports (Defendant docketed D046 in Schedule "A"); 5. NinjaSafe (Defendant docketed D047 in Schedule "A"); 6. THUNDERBAY PRODUCTS (Defendant docketed D049 in Schedule "A"); 7. BELONET (Defendant docketed D050 in Schedule "A"); 8. ZBPRESS (Defendant docketed D051 in Schedule "A"); 9. GOLDBRIX (Defendant docketed D058 in Schedule "A"); 10. Aosom Direct (Defendant docketed D061 in Schedule "A"); 11. TSJ ABC123 (Defendant docketed D064 in Schedule "A"); 12. musicman1a2a3a4 (Defendant docketed D071 in Schedule "A"); 13. jess_nr5 (Defendant docketed D076 in Schedule "A") Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Defendant Aveka US (D018), Kegitantan (D039), I-Choice (D044), Lillian Imports (D046), NinjaSafe (D047), THUNDERBAY PRODUCTS (D049), BELONET (D050), ZBPRESS (D051), GOLDBRIX (D058), Aosom Direct (D061), TSJ ABC123 (D064), musicman1a2a3a4 (D071), jess_nr5 (D076) are dismissed with prejudice. SO ORDERED. BELONET, GOLDBRIX, I-Choice, Kegitantan, Lillian Imports, THUNDERBAY PRODUCTS, TSJ ABC123, ZBPRESS, jess_nr5, musicman1a2a3a4, ninjasafe, Aosom Direct and Aveka US terminated. (Signed by Judge Jennifer L. Rochon on 4/20/2023) (jca)
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Filing 38
ORDER OF DISMISSAL Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action with prejudice as against the following Defendants: 1. YOUYING TECH DEVELOPMENT LIMITED (Defendant docketed D007 in Schedule "A"); 2. Yao Shun Toy (Defendant docketed D032 in Schedule "A"); 3. Avican (Defendant docketed D053 in Schedule "A"); 4. Edostory (Defendant docketed D056 in Schedule "A"); DONE AND ORDERED. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Defendants Youying Tech Development Limited (D007), Yao Shun Toy (D032), Avican (D053), and Edostory (D056) are dismissed with prejudice. SO ORDERED. YOUYING TECH DEVELOPMENT LIMITED, Yao Shun Toy, Avican and Edostory terminated. (Signed by Judge Jennifer L. Rochon on 4/20/2023) (jca)
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Filing 37
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Plaintiff Jiangsu Huari Webbing Leather Co., Ltd., by and through its undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby dismisses the instant action with prejudice as against the following Defendants: 1. Kaspien (Defendant docketed D059 in Schedule "A"). Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Defendant Kaspien (identified as D059 in Schedule A) is dismissed with prejudice. SO ORDERED. Kaspien terminated. (Signed by Judge Jennifer L. Rochon on 4/20/2023) (jca)
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Filing 36
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) ninjasafe, Aveka US, Kegitantan, I-Choice, Lillian Imports, THUNDERBAY PRODUCTS, BELONET, ZBPRESS, GOLDBRIX, Aosom Direct, TSJ ABC123, musicman1a2a3a4, jess_nr5. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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Filing 35
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, with prejudice and without costs against the defendant(s) YOUYING TECH DEVELOPMENT LIMITED, Yao Shun Toy, Avican, Edostory. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #35 Notice of Voluntary Dismissal, #36 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #32 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 34
ORDER For the reasons stated on the record during the April 17, 2023 Conference, the Court finds that good cause for an extension of the TRO has not been shown pursuant to Federal Rule of Civil Procedure 65(b)(2) and therefore, the Court DENIES the request to extend the Temporary Restraining Order. The TRO expires pursuant to its original terms on April 18, 2023 and all restraints and expedited relief shall be lifted as of that date. See TRO at 9. Plaintiff shall serve a copy of this order, and the attached Notice, on Amazon.com and all other platforms or entities that it served with the original TRO. Consistent with the representation made by Plaintiffs counsel during the hearing on April 17, 2023, Plaintiff's counsel shall also email Amazon.com and any other platforms or entities originally served with the original TRO to advise them that the TRO has expired and the sites and accounts of the Defendants in Schedule A should no longer be frozen. No preliminary injunction shall be granted at this time because, among other things, Plaintiff has requested that the preliminary injunction hearing be rescheduled given that Defendants have not yet been served and/or notified. ECF No. 13. Should Plaintiff seek to renew its application for a preliminary injunction, it must move with respect to individual Defendants with specific information regarding each Defendant, rather than through a group pleading with representative examples as it did in its initial application, given that each product, Defendant, and circumstance of sale may be different. For the reasons set forth during the April 17, 2023 hearing, the Court also concluded that sealing of the docket is no longer justified. The Clerk is directed to unseal all documents filed in this case such as ECF No. 8, ECF No. 9, ECF No. 10, and ECF No. 12. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/18/2023) (jca)
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Filing 33
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Jiangsu Huari Webbing Leather Co., Ltd. ("Plaintiff") hereby gives notice that this action is voluntarily dismissed. Defendant, Hyponix Brands (D063) has not served an answer or motion for summary judgment in this action. Accordingly, Plaintiff notices voluntary dismissal of this action, without prejudice. See Fed. R. Civ. P. 41(a)(1)(B). During the April 17, 2023 Conference, Plaintiff clarified that it only intended to dismiss Defendant Hyponix Brands, identified as Defendant 063, from this action. Defendant Hyponix Brands is hereby dismissed from this action without prejudice. Hyponix Brands may make further application to this Court for relief as stated during the Conference. This action remains ongoing with respect to the other Defendants. SO ORDERED. Hyponix Brands Ltd. terminated. (Signed by Judge Jennifer L. Rochon on 4/18/2023) (jca)
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Filing 32
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, with prejudice and without costs against the defendant(s) Kaspien. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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Minute Entry for proceedings held before Judge Jennifer L. Rochon: Motion Hearing held on 4/17/2023. (aba)
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Filing 31
NOTICE OF APPEARANCE by Sandra Adele Hudak on behalf of Sell Below Cost USA LLC..(Hudak, Sandra)
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Filing 30
DECLARATION of Bin Liu in Support re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023.. Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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Filing 29
RESPONSE in Opposition to Motion re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023. Resp to Preliminary injunction. Document filed by Trailblaze Products. (Attachments: #1 Affidavit declaration in support).(Rosenbaum, Cory)
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Filing 28
DECLARATION of Gevin Rai in Opposition re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023.. Document filed by Hyponix Brands Ltd...(Isackson, Robert)
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Filing 27
RESPONSE in Opposition to Motion re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023. Resp to Preliminary injunction. Document filed by ninjasafe. (Attachments: #1 Affidavit in support).(Rosenbaum, Cory)
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Filing 26
DECLARATION of Robert M. Isackson in Opposition re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023.. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit A - Final Office Action, #2 Exhibit B - Plaintiff's Amendments, #3 Exhibit C - Notice of Allowance).(Isackson, Robert)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #16 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer L. Rochon for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 25
NOTICE OF APPEARANCE by Cory Jay Rosenbaum on behalf of Trailblaze Products..(Rosenbaum, Cory)
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Filing 24
NOTICE OF APPEARANCE by Cory Jay Rosenbaum on behalf of ninjasafe..(Rosenbaum, Cory)
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Filing 23
LETTER addressed to Judge Jennifer L. Rochon from Robert M. Isackson dated April 14, 2023 re: Application to Bring Personal Electronic Devices or General Purpose Computing Devices into the Courthouse for the April 17, 2023 hearing. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Text of Proposed Order Application to Bring Personal Electronic Devices or General Purpose Computing Devices into the Courthouse for the April 17, 2023 hearing).(Isackson, Robert)
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Filing 22
ORDER: The April 17, 2023 Conference at 4:00PM is converted from a video conference to an in-person conference in Courtroom 20B of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, NY 10007. (HEREBY ORDERED by Judge Jennifer L. Rochon) (mhh) (Text Only Order)
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Filing 21
ORDER granting #18 Letter Motion for Oral Argument. The motion to appear at the April 17, 2023 Conference at 4:00PM is GRANTED. (Signed by Judge Jennifer L. Rochon on 4/14/2023) (jca)
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Filing 20
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hyponix Brands Ltd...(Isackson, Robert)
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Filing 19
ORDER denying #13 Letter Motion to Continue. The Court denies the request to adjourn the April 17, 2023 hearing. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/14/2023) (jca)
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Filing 18
LETTER MOTION for Oral Argument (Motion to be heard at the hearing currently scheduled for April 17, 2023) addressed to Judge Jennifer L. Rochon from Robert M. Isackson dated April 14, 2023. Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit D063).(Isackson, Robert)
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Filing 17
LETTER REPLY to Response to Motion addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/14/2023 re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023. In Opposition to Dkt 15. Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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Filing 16
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) Hyponix Brands Ltd.. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zhang, Jiyuan)
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Filing 15
MEMORANDUM OF LAW in Opposition re: #13 EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023. . Document filed by Hyponix Brands Ltd.. (Attachments: #1 Exhibit A - April 12, 2023 Amazon Notice, #2 Exhibit B - April 13, 2023 Letter to Counsel for Plaintiff).(Isackson, Robert)
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Filing 14
NOTICE OF APPEARANCE by Robert M. Isackson on behalf of Hyponix Brands Ltd...(Isackson, Robert)
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Filing 13
EX PARTE LETTER MOTION to Continue and extension of TRO addressed to Judge Jennifer L. Rochon from Jiyuan Zhang dated 04/13/2023. Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Return Date set for 4/14/2023 at 10:00 AM..(Zhang, Jiyuan)
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Filing 12
ORDER:The defendants identified in Schedule A are HEREBY RESTRAINED from engaging in specific acts related to products that allegedly infringe upon a patent as enumerated fully in the Court's Order. Third-party Amazon.com is restrained from additional actions as described in the Order. Defendants are FURTHER ORDERED to show cause before this Court on April 17, 2023 at 4:00 p.m. why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. The hearing will proceed by video on Microsoft Teams. The parties shall file on the docket contact information for their counsel so that the Court may provide log-in information. The public listen-only line may be accessed by dialing Toll-Free Number: 877-336-1831 and using the Access Code: 5583342. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court and served on Plaintiff's counsel on or before April 11, 2023. Plaintiff shall file any Reply papers on or before April 14, 2023. IT IS FURTHER ORDERED that Defendants and Amazon.com shall provide expedited discovery to Plaintiff as described in the Order. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $20,000 Dollars (USD). SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/4/2023) (jca) Modified on 4/18/2023 (jca).
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Set/Reset Deadlines: (Replies due by 4/14/2023., Show Cause Response due by 4/11/2023.), Set/Reset Hearings: (Show Cause Hearing set for 4/17/2023 at 04:00 PM before Judge Jennifer L. Rochon.) (jca)
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Transmission to Finance Unit (Cashiers). Transmitted re: #12 ORDER to the Finance Unit (Cashiers) for case processing. (jca)
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Minute Entry for proceedings held before Judge Jennifer L. Rochon: Motion Hearing held on 3/31/2023. (aba)
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Filing 11
NOTICE OF APPEARANCE by Steven Royal Fairchild on behalf of Jiangsu Huari Webbing Leather Co., Ltd...(Fairchild, Steven)
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Filing 10
EXHIBIT TO PLEADING re: #8 Amended Complaint,. Document filed by Jiangsu Huari Webbing Leather Co., Ltd..Motion or Order to File Under Seal: #7 .(Zhang, Jiyuan) Modified on 4/18/2023 (jca).
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Filing 9
DECLARATION of Jiyuan Zhang . Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. (Attachments: #1 Exhibit D001-D162 p1, #2 Exhibit D001-D162 p2, #3 Exhibit D001-D162 p3, #4 Exhibit D001-D162 p4, #5 Exhibit D001-D162 p5, #6 Exhibit D001-D162 p6, #7 Exhibit D001-D162 p7, #8 Exhibit D001-D162 p8, #9 Exhibit D001-D162 p9, #10 Exhibit D001-D162 p10, #11 Exhibit B. Infringement Evidence Chart)Motion or Order to File Under Seal: #7 .(Zhang, Jiyuan) Modified on 4/18/2023 (jca).
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Filing 8
FIRST AMENDED COMPLAINT amending #1 Complaint against Joes Identified in Schedule A with JURY DEMAND.Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Related document: #1 Complaint. (Attachments: #1 Exhibit A. Patent Registration, #2 Exhibit B. Assignment, #3 Exhibit C. judgador, #4 Exhibit D. Joymor, #5 Exhibit E. Dripex, #6 Exhibit F. Autofonder, #7 Exhibit G. ACX)Motion or Order to File Under Seal: #7 .(Zhang, Jiyuan) Modified on 4/18/2023 (jca).
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Filing 7
ORDER On March 28, 2023, Plaintiff filed a Complaint (ECF No. 1), Motion to Seal (ECF No. 4), Motion for Alternative Service (ECF No. 5), and an Emergency Motion for Temporary Restraining Order (ECF No. 6) that referenced documents filed in redacted forms and under seal. No such documents were submitted for the Court to review. It is hereby ordered that by Wednesday, March 29, 2023, Plaintiff shall file the following documents on the docket: Schedule A, Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit G, The Declaration of Jiyuan Zhang in connection with Plaintiff's Complaint dated March 27, 2023, and Exhibit D001 - Exhibit D162. Plaintiff may file any of these documents temporarily under seal for the Court's review. The Court will hold a video hearing on the Motion for a Temporary Restraining Order on Friday, March 31, 2023 at 4:00 P.M. Plaintiff shall file on the docket contact information for its counsel so that the Court may provide log-in information. The public listen-only line may be accessed by dialing Toll-Free Number: 877-336-1831 and using the Access Code: 5583342. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/28/2023) (jca) Modified on 3/29/2023 (jca).
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Set/Reset Deadlines as to Motion Hearing set for 3/31/2023 at 04:00 PM before Judge Jennifer L. Rochon. (jca)
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Filing 6
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Return Date set for 3/31/2023 at 10:00 AM. (Attachments: #1 Affidavit of Liu, #2 Text of Proposed Order Proposed Order).(Zhang, Jiyuan) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 5
EX PARTE MOTION to Serve . Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Return Date set for 3/31/2023 at 10:00 AM..(Zhang, Jiyuan)
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Filing 4
EX PARTE MOTION to Seal . Document filed by Jiangsu Huari Webbing Leather Co., Ltd.. Return Date set for 3/29/2023 at 10:00 AM. (Attachments: #1 Text of Proposed Order Proposed Order).(Zhang, Jiyuan)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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Filing 2
CIVIL COVER SHEET filed..(Zhang, Jiyuan)
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Filing 1
COMPLAINT against Joes Identified in Schedule A. (Filing Fee $ 402.00, Receipt Number ANYSDC-27530559)Document filed by Jiangsu Huari Webbing Leather Co., Ltd...(Zhang, Jiyuan)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Sarah L. Cave 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jiyuan Zhang. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of U.S.;. (jgo)
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