XYZ Corp. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
| XYZ Corp. and Fox Shiver LLC |
| Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, 2mommasOF7, acuthemedmerch, AestheticArtCompany, AmriMagicPEN, ArtsyCollectiblesPH, AurayoCrafts, BabylonFading, BarclayStudioStore, BazaarVibe, BeroBread, Brodzar, BubblePT, bydigitalworldshop, CaramiccoApparel, ChiccoCoDesign, CraftsmileShop, Creationscases, CreativeSanity, CreativilleTees, CREEKTEE, GreenHouseTshirt, CoolCustomTee, CozyCraftShirts, CustomSignUS, DeeNeeVee, DeskNeko, DiLussoUS, DziamborShop, EarRelevantJewelry, ElegantStylish, FinleyApparelCo, FrecklesCreationCo, FunnyTeeUp, FunnyThreadsHaven, Geschenketassen, GiveWithLoveShop, Glitterglue4u, GrannyCatsCrafts, Groovylines, Gumisel, HaddonfieldCreations, HeartArtRO, HollyhockSouls, IllustriousJaims, InspirexFunTees, JonBoyApparel, JumPicks, JustbuttonsShop, KoziApparel, KQCases, kramnytsyaDeLight, Lasworks, LeatoonApparel, LivingLuxeStudio, LoveleesEssentials, Mangaesthetics, ManyartsIndia, MarinaTStore, MASNUEVO, ModeVistaStudio, Modulary, Monaldy, NaomishopCo, NovaBySafir, NovemberWindCo, OxygenCrafts, PeaceinsideDesign, PlantStitch, PLWMART, PrintySoul, PureOceanDecals, PurePopShop, PuzzLazz, QueendesignByIeva, Saracybershop, SereneOasisStudio, ShamrockOrnament, SharkmarkCreations, ShellysHobbiesNSuch, ShopTheGildedFrame, SimpleStyIes, SimpleSVGcraft, SmittenKittenCreates, SpecTeeDesign, StylewithSmile, SullyCats, SVGSHOPOXI, SweetthreadsGoods, TeeShirtCustomDesign, TheMagfunnyShop, TheMidnightMerchantt, TheOtherDimension, TheStickology, TypeFaceArt, VintageMiseryShop, Wannabedesigner, Westernbros, WhiskerWaresShop, WhiteBeachSweatshirt, WoodlandDreamsCo, ZappleCustomTees, Personalised4rYou, LobotomyLair, JSIDmerch, ChromaCraftworks and EmbrCreationsCo |
| DigitalArtsShoppe |
| 1:2024cv01962 |
| March 15, 2024 |
| U.S. District Court for the Southern District of New York |
| Lorna G Schofield |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 55 LETTER addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated May 13, 2024 re: Supplement to Motion for Civil Contempt [Doc. # 48]. Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
| Filing 54 CERTIFICATE OF SERVICE of May 8, 2024 Order to Show Cause served on Etsy, Inc. on May 8, 2024. Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
Filing 53
ORDER TO SHOW CAUSE: It is hereby ORDERED that non-party Etsy Inc. show cause before this Court on May 15, 2024, at 3:50 pm, at a telephonic hearing by calling 888-363-4749 and inputting the access code 558-3333, why an Order should not be made and entered pursuant to 18 USC 401 finding Etsy, Inc. in civil contempt of court for failing to comply with the April 19, 2024 and April 22, 2024 Orders. It is further ORDERED that Plaintiff shall serve this Order on Etsy, Inc. by May 8, 2024 and shall file proof of service. Etsy, Inc. may file a response to Plaintiff's motion by May 10, 2024, in a memorandum of law not to exceed ten pages. IT IS SO ORDERED. ( Responses due by 5/10/2024, Telephone Conference set for 5/15/2024 at 03:50 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/8/2024) (vfr)
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| Filing 52 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Fox Shiver LLC. Related Document Number: #48 ..(Lapin, Dmitry) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #52 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
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Filing 51
NOTICE OF VOLUNTARY DISMISSAL OF AS TO THE BELOW DEFENDANTS: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: 1. 2MommasOF7 2. LoveleesEssentials 3. PeaceinsideDesign 4. wannabedesigner 5. ZappleCustomTees The five above-named Defendants are dismissed. So Ordered. PeaceinsideDesign, Wannabedesigner, ZappleCustomTees, 2mommasOF7 and LoveleesEssentials terminated. (Signed by Judge Lorna G. Schofield on 5/7/2024) (vfr)
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| Filing 50 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Fox Shiver LLC. Related Document Number: #48 ..(Lapin, Dmitry) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 5/7/2024 (km). |
| Filing 49 DECLARATION of Dmitry Lapin in Support re: #48 MOTION for Order to Show Cause .. Document filed by Fox Shiver LLC. (Attachments: #1 Exhibit A - Excerpt to Etsy's Response to TRO, #2 Exhibit B - Emails to Etsy regarding Balance Transfer Orders, #3 Exhibit C - May 1, 2024 email to Etsy, #4 Exhibit D - May 2-3, 2024 email chain, #5 Exhibit E - Time Entries).(Lapin, Dmitry) |
| Filing 48 MOTION for Order to Show Cause . Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Dmitry Lapin to RE-FILE Document No. #50 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The title of the document is not listed on the document. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (km) |
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Filing 47
NOTICE OF VOLUNTARY DISMISSAL OF AS TO THE BELOW DEFENDANTS: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, without prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. AestheticArtCompany, B. ArtsyCollectiblesPH, C. DziamborShop, D. Geschenketassen, E. kramnytsyaDeLight, F. Lasworks, G. LobotomyLair, H. NaomishopCo. The eight above-named Defendants are dismissed. So Ordered. DziamborShop, Geschenketassen, Lasworks, LobotomyLair, NaomishopCo, kramnytsyaDeLight, AestheticArtCompany and ArtsyCollectiblesPH terminated. (Signed by Judge Lorna G. Schofield on 5/3/2024) (mml)
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| Filing 46 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) 2mommasOF7, LoveleesEssentials, PeaceinsideDesign, Wannabedesigner, ZappleCustomTees. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #44 Notice of Voluntary Dismissal,, was reviewed and referred to Judge Lorna G. Schofield 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. (nd) |
| Filing 45 CERTIFICATE OF SERVICE of April 26, 2024 Court Order, along with prior court orders served on Remaining Defendants on 5/3/24. Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
| 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) AestheticArtCompany, ArtsyCollectiblesPH, DziamborShop, Geschenketassen, Lasworks, LobotomyLair, NaomishopCo, kramnytsyaDeLight. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
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Filing 43
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT NO. 72 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. PureOceanDecals. The above-named Defendant is dismissed. So Ordered. PureOceanDecals terminated. (Signed by Judge Lorna G. Schofield on 5/2/2024) (mml)
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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 Lorna G. Schofield 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) |
| 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) PureOceanDecals. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
| Filing 41 STATUS REPORT. Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
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Filing 40
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 2, 50, 51, 69, 93, and 107 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. Acuthemedmerch B. KoziApparel C. KQCases D. PlantStitch E. TheOtherDimension F. EmbrCreationsCo. The six above-named Defendants are dismissed. So Ordered. KoziApparel, PlantStitch, TheOtherDimension, acuthemedmerch, EmbrCreationsCo and KQCases terminated. (Signed by Judge Lorna G. Schofield on 4/29/2024) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #38 Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield 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. (km) |
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Filing 39
ORDER: It is hereby ORDERED that Plaintiff shall confer with the three Defendants for whom individuals appeared and file a status letter by May 1, 2024, describing the progress of those discussions. Defendants are advised that, in order to appear in this case, they must retain counsel. It is further ORDERED that the Show Cause Hearing is adjourned to May 15, 2024, at 3:50 P.M. By May 3, 2024, Plaintiff shall serve a copy of this Order and all prior orders on the remaining Defendants, via the same means as each Defendant was served with the complaint. Plaintiff shall file a certificate of service no later than May 4, 2024. ( Show Cause Hearing set for 5/15/2024 at 03:50 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/26/2024) (rro)
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| Filing 38 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) EmbrCreationsCo, KQCases, KoziApparel, PlantStitch, TheOtherDimension, acuthemedmerch. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
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Filing 37
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 30, 66, 89, and 106 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. EarRelevantJewelry, B. NovemberWindCo, C. SweetthreadsGoods, D. ChromaCraftworks. The four above-named Defendants are dismissed. So Ordered. NovemberWindCo, SweetthreadsGoods, ChromaCraftworks and EarRelevantJewelry terminated. (Signed by Judge Lorna G. Schofield on 4/25/2024) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #36 Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield 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. (km) |
| 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, with prejudice and without costs against the defendant(s) ChromaCraftworks, EarRelevantJewelry, NovemberWindCo, SweetthreadsGoods. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
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Filing 35
CONSENT ORDER AND JUDGMENT: IT IS HEREBY ORDERED that: 1. Etsy is ordered to transfer the Account Balance from BabylonFading's account to Plaintiff within seven (7) calendar days of receipt of this Order. 2. Upon Etsy's transfer of the Account Balance to Plaintiff, Etsy shall remove any restraints that were placed on BabylonFadings' e-commerce stores and financial accounts pursuant to the Temporary Restraining Order [Doc. 9]. 3. This case is dismissed solely as it relates to this Defendant, with leave to reinstate within one hundred and eighty (180) days, at such time, absent a motion to reinstate, shall automatically convert to a dismissal with prejudice. 4. Plaintiff and BabylonFading shall bear its own attorneys' fees and costs. The Clerk of Court is respectfully directed to close the motion at Dkt. 32. SO ORDERED. BabylonFading terminated. Motions terminated: #32 MOTION for Entry of Consent Judgment as to Defendant BabylonFading filed by Fox Shiver LLC. (Signed by Judge Lorna G. Schofield on 4/22/2024) (mml)
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Filing 34
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 6, 19, 22, 26, 37, 54, 55, and 79 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. AurayoCrafts, B. CoolCustomTee, C. CreativevilleTees, D. DeskNeko, E. GiveWithLoveShop, F. LeatoonApparel, G. LivingLuxeStudio, H. SharkmarkCreations. The eight above-named Defendants are dismissed. So Ordered. CreativilleTees, DeskNeko, GiveWithLoveShop, LeatoonApparel, LivingLuxeStudio, SharkmarkCreations, AurayoCrafts and CoolCustomTee terminated. (Signed by Judge Lorna G. Schofield on 4/19/2024) (mml)
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| Filing 33 PROPOSED CONSENT ORDER. Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
| Filing 32 MOTION for Entry of Consent Judgment as to Defendant BabylonFading . Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
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Filing 31
CONSENT ORDER AND JUDGMENT: IT IS HEREBY ORDERED that: 1. Etsy is ordered to transfer the Account Balance from JustButtonsShop's account to Plaintiff within seven (7) calendar days of receipt of this Order. 2. Upon Etsy's transfer of the Account Balance to Plaintiff, Etsy shall remove any restraints that were placed on JustButtonsShop's e-commerce stores and financial accounts pursuant to the Temporary Restraining Order [Doc. 9]. 3. This case is dismissed solely as it relates to this Defendant, with leave to reinstate within one hundred and eighty (180) days, at such time, absent a motion to reinstate, shall automatically convert to a dismissal with prejudice. 4. Plaintiff and JustButtonsShop shall bear its own attorneys' fees and costs. SO ORDERED. The Clerk of Court is respectfully directed to close the motion at Dkt. 28. JustbuttonsShop terminated. Motions terminated: #28 MOTION Entry of Consent Judgment as to Defendant JustButtonsShop filed by Fox Shiver LLC. (Signed by Judge Lorna G. Schofield on 4/19/2024) (mml)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #30 Notice of Voluntary Dismissal,, was reviewed and referred to Judge Lorna G. Schofield 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. (nd) |
| Filing 30 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) AurayoCrafts, CoolCustomTee, CreativilleTees, DeskNeko, GiveWithLoveShop, LeatoonApparel, LivingLuxeStudio, SharkmarkCreations. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
| Filing 29 PROPOSED CONSENT ORDER. Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
| Filing 28 MOTION Entry of Consent Judgment as to Defendant JustButtonsShop . Document filed by Fox Shiver LLC..(Lapin, Dmitry) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Dmitry Lapin to RE-FILE re: Document No. #25 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the Date Filed field on the AO 121 Copyright form was not completed by the attorney; the Docket Number field on the AO 121 Copyright form was not completed by the attorney. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dmitry Lapin to RE-FILE re: Document No. #24 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Court's leave has not been granted. 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. (vf) |
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Filing 27
ORDER WHEREAS, a hearing on the motion for preliminary injunction was scheduled for April 17, 2024, at 4:20 pm; WHEREAS, on April 11, 2024, the Court granted Plaintiff's motion for alternative service and Defendants were served on April 12, 2024. It is hereby ORDERED that the preliminary injunction hearing scheduled for April 17, 2024, is adjourned to April 24, 2024, at 4:20 p.m. (Telephone Conference set for 4/24/2024 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/16/2024) (jca)
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Filing 26
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 14, 38, 44, 85, 91, and 92 ONLY' Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. CaramiccoApparel B. Glitterglue4u C. HollyHockSouls D. SpecTeeDesign E. TheMagFunnyShop F. TheMidnightMerchant The six above-named Defendants are dismissed. So Ordered. HollyhockSouls, SpecTeeDesign, TheMagfunnyShop, TheMidnightMerchantt, CaramiccoApparel and Glitterglue4u terminated. (Signed by Judge Lorna G. Schofield on 4/16/2024) (jca)
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| Filing 25 FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for additional pleading submitted to court for review..(Lapin, Dmitry) Modified on 4/17/2024 (pc). |
| Filing 24 FILING ERROR - DEFICIENT PLEADING - COMPLAINT against Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, 2mommasOF7, AestheticArtCompany, AmriMagicPEN, ArtsyCollectiblesPH, AurayoCrafts, BabylonFading, BarclayStudioStore, BazaarVibe, BeroBread, Brodzar, BubblePT, CREEKTEE, CaramiccoApparel, ChiccoCoDesign, ChromaCraftworks, CoolCustomTee, CozyCraftShirts, CraftsmileShop, Creationscases, CreativeSanity, CreativilleTees, CustomSignUS, DeeNeeVee, DeskNeko, DiLussoUS, DigitalArtsShoppe, DziamborShop, EarRelevantJewelry, ElegantStylish, EmbrCreationsCo, FinleyApparelCo, FrecklesCreationCo, FunnyTeeUp, FunnyThreadsHaven, Geschenketassen, GiveWithLoveShop, Glitterglue4u, GrannyCatsCrafts, GreenHouseTshirt, Groovylines, Gumisel, HaddonfieldCreations, HeartArtRO, HollyhockSouls, IllustriousJaims, InspirexFunTees, JSIDmerch, JonBoyApparel, JumPicks, JustbuttonsShop, KQCases, KoziApparel, Lasworks, LeatoonApparel, LivingLuxeStudio, LobotomyLair, LoveleesEssentials, MASNUEVO, Mangaesthetics, ManyartsIndia, MarinaTStore, ModeVistaStudio, Modulary, Monaldy, NaomishopCo, NovaBySafir, NovemberWindCo, OxygenCrafts, PLWMART, PeaceinsideDesign, Personalised4rYou, PlantStitch, PrintySoul, PureOceanDecals, PurePopShop, PuzzLazz, QueendesignByIeva, SVGSHOPOXI, Saracybershop, SereneOasisStudio, ShamrockOrnament, SharkmarkCreations, ShellysHobbiesNSuch, ShopTheGildedFrame, SimpleSVGcraft, SimpleStyIes, SmittenKittenCreates, SpecTeeDesign, StylewithSmile, SullyCats, SweetthreadsGoods, TeeShirtCustomDesign, TheMagfunnyShop, TheMidnightMerchantt, TheOtherDimension, TheStickology, TypeFaceArt, VintageMiseryShop, Wannabedesigner, Westernbros, WhiskerWaresShop, WhiteBeachSweatshirt, WoodlandDreamsCo, ZappleCustomTees, acuthemedmerch, bydigitalworldshop, kramnytsyaDeLight. Document filed by Fox Shiver LLC. (Attachments: #1 Supplement Schedule A to Complaint, #2 Exhibit A - Copyright Registrations).(Lapin, Dmitry) Modified on 4/17/2024 (vf). |
| Filing 23 AFFIDAVIT OF SERVICE of Copy of April 15, 2024 Order served on Leesha Bolton on 4/15/24. Document filed by XYZ Corp...(Lapin, Dmitry) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #22 Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield 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) |
| Filing 22 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) CaramiccoApparel, Glitterglue4u, HollyhockSouls, SpecTeeDesign, TheMagfunnyShop, TheMidnightMerchantt. Document filed by XYZ Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lapin, Dmitry) |
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Filing 21
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Leesha Bolton dated 4/13/2024 re: Hi, my name is Leesha and my etsy business has been included in the case abovementioned in the subject line. I am currently in complete shock that this has occurred and I feel that since I received the first notifications of this case on Friday April 12th 1.30am (AEST, although my email states Thursday, April 11th 1.30pm) and I reside in Australia, I have not had sufficient time to seek any kind of legal support in this matter. ENDORSEMENT: Plaintiff's counsel is directed to confer with Defendant Bolton by April 19, 2024, to determine whether she is properly included as a defendant in this case and to send her, via email, a copy of this Order. Plaintiff's counsel shall file proof of service of this Order on Defendant Bolton. As Defendant Bolton has responded to the summons, she is not subject to the proceedings scheduled for April 17, 2024. Defendant Bolton shall answer or otherwise respond to the Complaint by May 3, 2024. So Ordered. (Signed by Judge Lorna G. Schofield on 4/15/2024) (tg)
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| Filing 20 SUMMONS RETURNED EXECUTED. Creationscases served on 4/12/2024, answer due 5/3/2024; KQCases served on 4/12/2024, answer due 5/3/2024; QueendesignByIeva served on 4/12/2024, answer due 5/3/2024; Wannabedesigner served on 4/12/2024, answer due 5/3/2024. Document filed by XYZ Corp...(Lapin, Dmitry) |
| Filing 19 SUMMONS RETURNED EXECUTED. 2mommasOF7 served on 4/11/2024, answer due 5/2/2024; AmriMagicPEN served on 4/11/2024, answer due 5/2/2024; AurayoCrafts served on 4/11/2024, answer due 5/2/2024; BabylonFading served on 4/11/2024, answer due 5/2/2024; BazaarVibe served on 4/11/2024, answer due 5/2/2024; BeroBread served on 4/11/2024, answer due 5/2/2024; Brodzar served on 4/11/2024, answer due 5/2/2024; BubblePT served on 4/11/2024, answer due 5/2/2024; CREEKTEE served on 4/11/2024, answer due 5/2/2024; CaramiccoApparel served on 4/11/2024, answer due 5/2/2024; ChromaCraftworks served on 4/11/2024, answer due 5/2/2024; CoolCustomTee served on 4/11/2024, answer due 5/2/2024; CraftsmileShop served on 4/11/2024, answer due 5/2/2024; CreativeSanity served on 4/11/2024, answer due 5/2/2024; CreativilleTees served on 4/11/2024, answer due 5/2/2024; CustomSignUS served on 4/11/2024, answer due 5/2/2024; DeeNeeVee served on 4/11/2024, answer due 5/2/2024; DeskNeko served on 4/11/2024, answer due 5/2/2024; DiLussoUS served on 4/11/2024, answer due 5/2/2024; DigitalArtsShoppe served on 4/11/2024, answer due 5/2/2024; EarRelevantJewelry served on 4/11/2024, answer due 5/2/2024; ElegantStylish served on 4/11/2024, answer due 5/2/2024; EmbrCreationsCo served on 4/11/2024, answer due 5/2/2024; FinleyApparelCo served on 4/11/2024, answer due 5/2/2024; FrecklesCreationCo served on 4/11/2024, answer due 5/2/2024; FunnyTeeUp served on 4/11/2024, answer due 5/2/2024; FunnyThreadsHaven served on 4/11/2024, answer due 5/2/2024; GiveWithLoveShop served on 4/11/2024, answer due 5/2/2024; Glitterglue4u served on 4/11/2024, answer due 5/2/2024; GrannyCatsCrafts served on 4/11/2024, answer due 5/2/2024; Groovylines served on 4/11/2024, answer due 5/2/2024; Gumisel served on 4/11/2024, answer due 5/2/2024; HaddonfieldCreations served on 4/11/2024, answer due 5/2/2024; HeartArtRO served on 4/11/2024, answer due 5/2/2024; HollyhockSouls served on 4/11/2024, answer due 5/2/2024; IllustriousJaims served on 4/11/2024, answer due 5/2/2024; InspirexFunTees served on 4/11/2024, answer due 5/2/2024; JSIDmerch served on 4/11/2024, answer due 5/2/2024; JonBoyApparel served on 4/11/2024, answer due 5/2/2024; JumPicks served on 4/11/2024, answer due 5/2/2024; JustbuttonsShop served on 4/11/2024, answer due 5/2/2024; KoziApparel served on 4/11/2024, answer due 5/2/2024; LeatoonApparel served on 4/11/2024, answer due 5/2/2024; LivingLuxeStudio served on 4/11/2024, answer due 5/2/2024; LoveleesEssentials served on 4/11/2024, answer due 5/2/2024; Mangaesthetics served on 4/11/2024, answer due 5/2/2024; ModeVistaStudio served on 4/11/2024, answer due 5/2/2024; Modulary served on 4/11/2024, answer due 5/2/2024; Monaldy served on 4/11/2024, answer due 5/2/2024; OxygenCrafts served on 4/11/2024, answer due 5/2/2024; PLWMART served on 4/11/2024, answer due 5/2/2024; Personalised4rYou served on 4/11/2024, answer due 5/2/2024; PlantStitch served on 4/11/2024, answer due 5/2/2024; PureOceanDecals served on 4/11/2024, answer due 5/2/2024; PurePopShop served on 4/11/2024, answer due 5/2/2024; PuzzLazz served on 4/11/2024, answer due 5/2/2024; QueendesignByIeva served on 4/11/2024, answer due 5/2/2024; Saracybershop served on 4/11/2024, answer due 5/2/2024; SereneOasisStudio served on 4/11/2024, answer due 5/2/2024; ShamrockOrnament served on 4/11/2024, answer due 5/2/2024; SharkmarkCreations served on 4/11/2024, answer due 5/2/2024; ShellysHobbiesNSuch served on 4/11/2024, answer due 5/2/2024; ShopTheGildedFrame served on 4/11/2024, answer due 5/2/2024; SimpleStyIes served on 4/11/2024, answer due 5/2/2024; SmittenKittenCreates served on 4/11/2024, answer due 5/2/2024; SpecTeeDesign served on 4/11/2024, answer due 5/2/2024; SullyCats served on 4/11/2024, answer due 5/2/2024; SweetthreadsGoods served on 4/11/2024, answer due 5/2/2024; TeeShirtCustomDesign served on 4/11/2024, answer due 5/2/2024; TheMagfunnyShop served on 4/11/2024, answer due 5/2/2024; TheMidnightMerchantt served on 4/11/2024, answer due 5/2/2024; TheOtherDimension served on 4/11/2024, answer due 5/2/2024; TheStickology served on 4/11/2024, answer due 5/2/2024; TypeFaceArt served on 4/11/2024, answer due 5/2/2024; VintageMiseryShop served on 4/11/2024, answer due 5/2/2024; Wannabedesigner served on 4/11/2024, answer due 5/2/2024; Westernbros served on 4/11/2024, answer due 5/2/2024; WhiskerWaresShop served on 4/11/2024, answer due 5/2/2024; WhiteBeachSweatshirt served on 4/11/2024, answer due 5/2/2024; WoodlandDreamsCo served on 4/11/2024, answer due 5/2/2024; ZappleCustomTees served on 4/11/2024, answer due 5/2/2024; acuthemedmerch served on 4/11/2024, answer due 5/2/2024. Document filed by XYZ Corp...(Lapin, Dmitry) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Saracybershop, SereneOasisStudio, ShamrockOrnament, SharkmarkCreations, ShellysHobbiesNSuch, ShopTheGildedFrame, SimpleStyIes, SimpleSVGcraft, SmittenKittenCreates, SpecTeeDesign, StylewithSmile, SullyCats, SVGSHOPOXI, SweetthreadsGoods, TeeShirtCustomDesign, TheMagfunnyShop, TheMidnightMerchantt, TheOtherDimension, TheStickology, TypeFaceArt, VintageMiseryShop, Wannabedesigner, Westernbros, WhiskerWaresShop, WhiteBeachSweatshirt, WoodlandDreamsCo, ZappleCustomTees, Personalised4rYou, LobotomyLair, JSIDmerch, ChromaCraftworks, EmbrCreationsCo added. Party added pursuant to #1 Complaint,.Document filed by XYZ Corp.. Related document: #1 Complaint,..(Lapin, Dmitry) |
| ADD PARTY FOR PLEADING. Defendants/Respondents KQCases, kramnytsyaDeLight, Lasworks, LeatoonApparel, LivingLuxeStudio, LoveleesEssentials, Mangaesthetics, ManyartsIndia, MarinaTStore, MASNUEVO, ModeVistaStudio, Modulary, Monaldy, NaomishopCo, NovaBySafir, NovemberWindCo, OxygenCrafts, PeaceinsideDesign, PlantStitch, PLWMART, PrintySoul, PureOceanDecals, PurePopShop, PuzzLazz, QueendesignByIeva added. Party added pursuant to #1 Complaint,.Document filed by XYZ Corp.. Related document: #1 Complaint,..(Lapin, Dmitry) |
| ADD PARTY FOR PLEADING. Defendants/Respondents DeskNeko, DigitalArtsShoppe, DiLussoUS, DziamborShop, EarRelevantJewelry, ElegantStylish, FinleyApparelCo, FrecklesCreationCo, FunnyTeeUp, FunnyThreadsHaven, Geschenketassen, GiveWithLoveShop, Glitterglue4u, GrannyCatsCrafts, Groovylines, Gumisel, HaddonfieldCreations, HeartArtRO, HollyhockSouls, IllustriousJaims, InspirexFunTees, JonBoyApparel, JumPicks, JustbuttonsShop, KoziApparel added. Party added pursuant to #1 Complaint,.Document filed by XYZ Corp.. Related document: #1 Complaint,..(Lapin, Dmitry) |
| ADD PARTY FOR PLEADING. Defendants/Respondents 2mommasOF7, acuthemedmerch, AestheticArtCompany, AmriMagicPEN, ArtsyCollectiblesPH, AurayoCrafts, BabylonFading, BarclayStudioStore, BazaarVibe, BeroBread, Brodzar, BubblePT, bydigitalworldshop, CaramiccoApparel, ChiccoCoDesign, CraftsmileShop, Creationscases, CreativeSanity, CreativilleTees, CREEKTEE, GreenHouseTshirt, CoolCustomTee, CozyCraftShirts, CustomSignUS, DeeNeeVee added. Party added pursuant to #1 Complaint,.Document filed by XYZ Corp.. Related document: #1 Complaint,..(Lapin, Dmitry) |
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Filing 18
ORDER: It is hereby ORDERED that Plaintiff's request for alternative service is GRANTED. (Signed by Judge Lorna G. Schofield on 4/11/2024) (mml)
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| Filing 17 ELECTRONIC SUMMONS ISSUED as to Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint..(pc) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, re: #1 Complaint,. Document filed by XYZ Corp...(Lapin, Dmitry) |
| Filing 15 REDACTION to #14 Letter, Redacted Schedule of Defendants by XYZ Corp..(Lapin, Dmitry) |
| Filing 14 ***EX-PARTE***SUPPLEMENTAL LETTER addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated April 5, 2024 re: Plaintiff's Renewed Motion for Alternative Service. Document filed by XYZ Corp.. (Attachments: #1 Supplement Unredacted Schedule of Defendants)Motion or Order to File Under Seal: #13 .(Lapin, Dmitry) |
|
Filing 13
MEMO ENDORSED ORDER with respect to #12 Motion to Serve. ENDORSEMENT: By April 8, 2024, Plaintiff shall file a schedule listing by column (1) each Defendant, (2) the country in which the Defendant resides, (3) whether that country is a signatory to the Hague Convention on the Service of Process Abroad, and (4) if so, whether the country has filed a Declaration / Reservation / Notification or other objection to service of process via postal mail or email. See generally, Uipath, Inc. v. Shanghai Yunkuo Info. Tech. Co., No. 23 CIV. 7835 (LGS), 2023 WL 8600547 (S.D.N.Y. Dec. 12, 2023). Plaintiff shall file the schedule on the docket and may redact the name in column (1). An unredacted copy shall be filed under seal. Plaintiff shall email a courtesy copy of the schedule to Chambers together with an unredacted copy of the complaint with attachments. (Signed by Judge Lorna G. Schofield on 4/3/2024) (vfr)
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| Filing 12 MOTION to Serve Certain Defendants via e-mail. Document filed by XYZ Corp...(Lapin, Dmitry) |
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Filing 11
ORDER granting in part and denying in part #10 Letter Motion to Adjourn Conference. Application GRANTED in part and DENIED in part. The hearing on the motion for preliminary injunction shall be adjourned until April 17, 2024, at 4:20pm. Any Defendant seeking to modify or dissolve the TRO shall serve notice by April 12, 2024, and any opposing papers shall be filed by April 15, 2024. The restraints imposed by the March 18, 2024, order are EXTENDED and shall remain effect through April 15, 2024. Plaintiff's request to serve Defendants by email is DENIED without prejudice. Plaintiff may resubmit the request with a showing of why alternative service via email comports with the Federal Rules of Civil Procedure and is either authorized by international agreement or not prohibited by international agreement. See, e.g., Uipath, Inc. v. Shanghai Yunkuo Info. Tech. Co., No. 23 CIV. 7835 (LGS), 2023 WL 8600547, at *2 (S.D.N.Y. Dec. 12, 2023). Plaintiff's request for a law student appearance is GRANTED. Ms. Mihlstin shall be accompanied at any proceedings by an attorney admitted to this Court in accordance with the Plan for Student Practice in Civil Actions. Telephone Conference set for 4/17/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/1/2024) (vfr)
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| Filing 10 LETTER MOTION to Adjourn Conference , for alternative service of process, and to permit law student practice addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated March 29, 2024. Document filed by XYZ Corp.. (Attachments: #1 Affidavit Law Student Practice Form).(Lapin, Dmitry) |
| Transmission to Finance Unit (Cashiers). Transmitted re: 9 Order to Show Cause, to the Finance Unit (Cashiers) for case processing. (mml) |
| Filing 8 ***EX-PARTE***PROPOSED ORDER. Document filed by XYZ Corp.. Related Document Number: #4 . Motion or Order to File Under Seal: 107 .(Lapin, Dmitry) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - ***EX-PARTE***PROPOSED ORDER. Document filed by XYZ Corp.. Related Document Number: #4 . Motion or Order to File Under Seal: 107 .(Lapin, Dmitry) Proposed Order to be reviewed by Clerk's Office staff. Modified on 3/18/2024 (tp). |
| Filing 6 ***EX-PARTE***DECLARATION of Dmitry Lapin in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107.. Document filed by XYZ Corp.. (Attachments: #1 Exhibit A - Websites, #2 Exhibit B - Translated Websites)Motion or Order to File Under Seal: 107 .(Lapin, Dmitry) |
| Filing 5 ***EX-PARTE***DECLARATION of [redacted] in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107.. Document filed by XYZ Corp.. (Attachments: #1 Exhibit A - Copyright Registrations, #2 Exhibit B - List of Infringing Listings, #3 Exhibit C - Screencaptures)Motion or Order to File Under Seal: 107 .(Lapin, Dmitry) |
| Filing 4 ***EX-PARTE***EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107. Document filed by XYZ Corp..Motion or Order to File Under Seal: 107 .(Lapin, Dmitry) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #8 Proposed Order was reviewed and approved as to form. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Dmitry Lapin to RE-FILE Document No. #7 Proposed Order. The filing is deficient for the following reason(s): there is no signature line for the Judge to endorse on. Re-file the document using the event type Proposed Order found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| Filing 3 SEALED DOCUMENT placed in vault..(jus) |
| Filing 2 CIVIL COVER SHEET filed. (vf) (pc). |
| Filing 1 COMPLAINT against Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. (Filing Fee $ 405.00, Receipt Number 27442)Document filed by XYZ Corp.(vf) (Additional attachment(s) added on 3/15/2024: #1 Exhibit A, #2 Schedule A) (pc). |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Dmitry Lapin to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (vf) |
|
ORDER REDACTING PLEADING FILED IN 24-MC-107. (vf)
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| Case Designated ECF. (vf) |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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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