Kids Squad LLC v. Guangzhou hui de E-Trade Co., Ltd et al
| Kids Squad LLC |
| Guangzhou hui de E-Trade Co., Ltd, Guangzhou Yikong Electronic Commerce Co. Ltd., Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd. and Shenzhen Hongquan International Co., Ltd. |
| 1:2023cv07764 |
| August 31, 2023 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Patent |
| 18 U.S.C. § 1341 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 35 CLERK'S CERTIFICATE OF DEFAULT as to Guangzhou hui de E-Trade Co., Ltd, Guangzhou Yikong Electronic Commerce Co. Ltd., Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd., and Shenzhen Hongquan International Co., Ltd.(km) |
| Filing 34 DECLARATION of Michael Steinmetz in Support re: #33 Proposed Clerk's Certificate of Default. Document filed by Kids Squad LLC. (Attachments: #1 Exhibit Summons Returned Executed, #2 Exhibit Text of Proposed Clerk's Certificate of Default).(Steinmetz, Michael) |
| Filing 33 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kids Squad LLC..(Steinmetz, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/19/2023 (km). |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Steinmetz in Support re: #31 Proposed Clerk's Certificate of Default. Document filed by Kids Squad LLC. (Attachments: #1 Exhibit Summons Return Executed, #2 Exhibit Text of Proposed Clerk's Certificate of Default).(Steinmetz, Michael) Modified on 10/19/2023 (km). |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kids Squad LLC..(Steinmetz, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/19/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT FILING. Notice to attorney Michael Steinmetz to RE-FILE Document No. #32 Declaration in Support. The filing is deficient for the following reason(s): The document is linked to a deficient entry. Re-file the document using Other Answers, Declaration in support of a non-motion. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Steinmetz. RE-FILE Document No. #31 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 of the 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. (km) |
Filing 30
PRELIMINARY INJUNCTION ORDER: THIS COURT having determined that the evidence submitted in support of the Application establishes Plaintiff has a likelihood of success on the merits; that no remedy at law exists; and that Plaintiff will suffer irreparable harm if the injunction is not granted. The continuedinfringement of Plaintiffs '863 Patent irreparably harms Plaintiff through loss of exclusivity, loss of future sales, and damage to Plaintiffs reputation. Money damages fail to address such damage. Further, the public interest is served by entry of this Preliminary Injunction to protect Plaintiffs interest in its patent and that the public interest is best served by enforcing patents that are valid and infringed. For these reasons, and the findings of fact and conclusions set forth in the Temporary Restraining Order, the issuance of a preliminary injunction is warranted and that such injunction is warranted under Federal Rule Of Civil Procedure 65. Each Defendant, within fourteen (14) days after receiving notice of this Order shall serve upon Plaintiff a written report under oath providing: (a) their true name and physical address, (b) all websites and online marketplace accounts on any platform that they own and/or operate (c) their financial accounts, including by way of example, Amazon, Bank of China, Pay Pal, and (d) the steps taken by each Defendant to comply with paragraph 1, a through d, above. Within five (5) days of receipt of this Order, Amazon, and any other online marketplace platform or service provider hosting or serving a Defendant Amazon Storefront are directed to disable and cease providing,services for any Defendant Amazon Storefront through which Defendants engage in the sale of Accused Products that infringe the '863 Patent, including any accounts associated with the Defendants. and as set forth herein. The two thousand dollar ($2,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. (Signed by Judge Paul A. Crotty on 10/02/2023) (ama) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 29 PROPOSED ORDER. Document filed by Kids Squad LLC. Related Document Number: [8, 12, 23]..(Steinmetz, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #29 Proposed Order was reviewed and approved as to form. (tp) |
| Minute Entry for proceedings held before Judge Paul A. Crotty: Show Cause Hearing held on 9/28/2023. (Court Reporter Carol Ganley) (dgo) |
| Filing 28 NOTICE OF APPEARANCE by Christopher Jon Fladgate on behalf of Kids Squad LLC..(Fladgate, Christopher) |
| CALENDAR ENTRY **REMINDER**: OTSC Hearing scheduled to go forward on: Thursday, September 28, 2023 @ 12:00 noon, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo) |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd. served on 9/19/2023, answer due 10/10/2023. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 26 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Shenzhen Hongquan International Co., Ltd. served on 9/19/2023, answer due 10/10/2023. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 25 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Guangzhou Yikong Electronic Commerce Co. Ltd. served on 9/19/2023, answer due 10/10/2023. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 24 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. Guangzhou hui de E-Trade Co., Ltd served on 9/19/2023, answer due 10/10/2023. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
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Filing 23
ORDER: granting #22 Letter Motion to Continue. The requested extension is Granted to September 28, 2023. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/20/2023) (ama)
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| Filing 22 LETTER MOTION to Continue temporary restraining order, and adjourn Preliminary Injunction hearing for opportunity to serve Defendants addressed to Judge Paul A. Crotty from Michael Steinmetz dated 9/19/2023. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd...(jgo) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Shenzhen Hongquan International Co., Ltd...(jgo) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Guangzhou Yikong Electronic Commerce Co. Ltd...(jgo) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Guangzhou hui de E-Trade Co., Ltd..(jgo) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to SHENZHEN HONGQUAN INTERNATIONAL CO., LTD., re: #5 Complaint,,. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to SHENZHEN SHI YANWU ZHINENG JIAJU YOUXIAN GONGSI LTD., re: #5 Complaint,,. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to GUANGZHOU YIKONG ELECTRONIC COMMERCE CO., LTD., re: #5 Complaint,,. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to GUANGZHOU HUI DE E-TRADE CO., LTD, re: #5 Complaint,,. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Myer Steinmetz to RE-FILE Document No. #13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each summons request must be filed separately, or, one summons request may be filed with a rider/addendum attached. 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. (jgo) |
| Filing 13 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to GUANGZHOU HUI DE E-TRADE CO., LTD, GUANGZHOU YIKONG ELECTRONIC COMMERCE CO., LTD., SHENZHEN SHI YANWU ZHINENG JIAJU YOUXIAN GONGSI LTD., and SHENZHEN HONGQUAN INTERNATIONAL CO., LTD., re: #5 Complaint,,. Document filed by Kids Squad LLC..(Steinmetz, Michael) Modified on 9/18/2023 (jgo). |
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Filing 12
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held on September 21, 2023 at 12 p.m. which Plaintiff may present their arguments in support of their request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before September 18, 2023, at 5 p.m. Plaintiff shall deposit with the Court $2,000.00 in either cash, company check, 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. Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: as set forth herein. Show Cause Hearing set for 9/21/2023 at 12:00 PM before Judge Paul A. Crotty. Show Cause Response due by 9/18/2023. (Signed by Judge Paul A. Crotty on 9/05/2023) (ama) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 11 DECLARATION of Michael Steinmetz re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Kids Squad LLC. (Attachments: #1 Exhibit 1 (US Patent), #2 Exhibit 2 (Hague Documents), #3 Exhibit 3 (WIPO Lex)).(Steinmetz, Michael) |
| Filing 10 DECLARATION of Naftaly Soifer re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Kids Squad LLC. (Attachments: #1 Exhibit A (Patent Assignment), #2 Exhibit B (Amazon Orders to NY)).(Steinmetz, Michael) |
| Filing 9 MEMORANDUM OF LAW re: #5 Complaint,, #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Kids Squad LLC. Related Document Number: #5 ..(Steinmetz, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (tp) |
| Filing 7 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)..(gp) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kids Squad LLC..(Steinmetz, Michael) |
| Filing 5 COMPLAINT against Guangzhou Yikong Electronic Commerce Co. Ltd., Guangzhou hui de E-Trade Co., Ltd, Shenzhen Hongquan International Co., Ltd., Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd.. Document filed by Kids Squad LLC. (Attachments: #1 Exhibit 1 (Amazon Orders), #2 Exhibit 2 (US Patent), #3 Exhibit 3 (BNLLD Amazon page), #4 Exhibit 4 (Wvin Amazon page), #5 Exhibit 5 (Terramus Amazon page), #6 Exhibit 6 (Gifts2U Amazon page), #7 Exhibit 7 (Emails to Defendants), #8 Exhibit 8 (Cease and Desist Letters to Defendants)).(Steinmetz, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Myer Steinmetz to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; caption error, 'et al' not accepted, all parties must be listed. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/6/2023. (sj) |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Michael Myer Steinmetz to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate disclosure statement was not signed;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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..(gp) |
| 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. (gp) |
| Filing 4 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Steinmetz, Michael) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kids Squad LLC..(Steinmetz, Michael) Modified on 9/1/2023 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Steinmetz, Michael) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR COMPLAINT against Guangzhou Yikong Electronic Commerce Co. Ltd., Guangzhou hui de E-Trade Co., Ltd, Shenzhen Hongquan International Co., Ltd., Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28227761)Document filed by Kids Squad LLC. (Attachments: #1 Exhibit 1 (Amazon Orders), #2 Exhibit 2 (US Patent), #3 Exhibit 3 (BNLLD Amazon page), #4 Exhibit 4 (Wvin Amazon page), #5 Exhibit 5 (Terramus Amazon page), #6 Exhibit 6 (Gifts2U Amazon page), #7 Exhibit 7 (Emails to Defendants), #8 Exhibit 8 (Cease and Desist Letters to Defendants)).(Steinmetz, Michael) Modified on 9/1/2023 (sj). |
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