XYZ Corp. v. ABC Corp & Does 1-100
| Jon Q. Wright, JQ Licensing LLC and XYZ Corp. |
| Mohamed Chtioui, ABC Corp & Does 1-100 and Individuals Corporations, Limited Liability Companies Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint |
| 1:2024cv04429 |
| June 10, 2024 |
| U.S. District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 27 ELECTRONIC SUMMONS ISSUED as to Mohamed Chtioui..(pc) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Mohamed Chtioui, re: #25 Amended Complaint,. Document filed by JQ Licensing LLC, Jon Q. Wright..(Lapin, Dmitry) |
| Filing 25 AMENDED COMPLAINT amending #22 Amended Complaint,, against Mohamed Chtioui, Individuals Corporations, Limited Liability Companies Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint with JURY DEMAND.Document filed by Jon Q. Wright, JQ Licensing LLC. Related document: #22 Amended Complaint,,. (Attachments: #1 Appendix Amended Schedule A to Complaint, #2 Exhibit A - Copyright Registrations (rfs)).(Lapin, Dmitry) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dmitry Lapin to RE-FILE Document No. #22 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended 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. (jgo) |
Filing 24
PRELIMINARY INJUNCTION. This Court ORDERS that: Defendants, its employees, agents, contractors, managers, affiliates, officers, and anyone else acting on Defendants' behalf, or acting for Defendants, are preliminarily enjoined and restrained from: a.Using the Subject Works, or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any products, including the Infringing Products; b.Passing off, inducing, or enabling others to sell or pass off any product as a genuine Plaintiffs Product and/or not produced under the authorization, control, or supervision of Plaintiffs and approved by Plaintiffs for sale pursuant to Plaintiffs' copyrights to the Subject Works and as further set forth in this Order; The third party Service Providers and Financial Institutions are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: a. providing services to Defendants and/or their Websites, including, without limitation continued operation of the Websites; b. disable and cease providing services to Defendants and/or the Websites, including any domain name or Website associated with, operated by, controlled by, or otherwise in the possession of the Defendants and as further set forth in this Order. The asset restraint granted in the TRO shall remain in place through the pendency of this action. Any newly discovered Service Provider or Financial Institution who is served with this Order shall locate and restrain Defendants' assets and shall provide written confirmation of such restraint to Plaintiffs' counsel, enabling counsel to seek judicial review. The $2,500 bond posted by Plaintiffs shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further order of the Court. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/18/24) (yv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 23 PROPOSED ORDER. Document filed by JQ Licensing LLC, Jon Q. Wright. Related Document Number: [4, 21]..(Lapin, Dmitry) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 22 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against Jon Q. Wright, JQ Licensing LLC, Mohamed Chtioui, Individuals Corporations, Limited Liability Companies Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint with JURY DEMAND.Document filed by Jon Q. Wright, JQ Licensing LLC. Related document: #1 Complaint. (Attachments: #1 Appendix Schedule A to Complaint, #2 Exhibit A - Copyright Registrations (rfs)).(Lapin, Dmitry) Modified on 7/19/2024 (jgo). |
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Filing 21
ORDER REGULATING PROCEEDINGS. The Clerk shall unseal this case in its entirety. Plaintiffs shall amend the caption to identify Plaintiffs and all Defendants, and Plaintiffs shall submit a proposed order for a preliminary injunction, which upon review and if satisfactory, the Court will review and grant along with proper findings and conclusions. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/17/24) (yv)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 20 LETTER addressed to Judge Alvin K. Hellerstein from Dmitry Lapin, Esq. dated July 16, 2024 re: Letter Addressing Whether Personal Jurisdiction Comports with Due Process. Document filed by XYZ Corp...(Lapin, Dmitry) |
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Filing 19
MEMO ENDORSEMENT on re: #17 Letter filed by XYZ Corp. ENDORSEMENT: The hearing scheduled for July 11, 2024 is adjourned until July 17, 2024 at 11 a.m. in Courtroom 14D. The TRO is hereby dissolved. SO ORDERED. ( Show Cause Hearing set for 7/17/2024 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/9/2024) (sgz)
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by XYZ Corp. ENDORSEMENT: The motion for an adjournment and enlargement is denied because the TRO, having already been extended once, cannot be extended again. If Plaintiff wishes to continue with its case, July 11, 2024 is the last day to hear and decide. Accordingly, a motion for a preliminary injunction will be heard at 10 a.m. on July 11, 2024 in Courtroom 24B, 500 Pearl Street. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/9/2024) (sgz)
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| Filing 17 LETTER addressed to Judge Alvin K. Hellerstein from Dmitry Lapin, Esq. dated July 9, 2024 re: Second Request for Extension of Time and Extension of TRO. Document filed by XYZ Corp...(Lapin, Dmitry) |
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Filing 16
ORDER TO VACATE. IT IS HEREBY ORDERED, that although this case was previously refened to the Magistrate Judge for general pretrial and dispositive motions, the order, Dkt. No. 14 shall be vacated, and this case shall remain with Judge Hellerstein. This does not disturb the scheduling order dated June 26, 2024, Dkt. No. 15. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/27/24) (yv)
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Filing 15
ORDER granting #13 Letter Motion to Adjourn Conference. The enlargement and modification requests are granted for good cause. The hearing scheduled for June 27, 2024 is enlarged until July 11, 2024 at 9:30 a.m. SO ORDERED. Show Cause Hearing set for 7/11/2024 at 09:30 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/26/2024) (vfr)
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Filing 14
Vacated as per Judges Order dated 06/28/2024, Doc. # 16 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for limited purpose (e.g., dispositive motion, preliminary injunction) General pretrial, TRO, Dispositive, motions. Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. SO ORDERED (Signed by Judge Alvin K. Hellerstein on 6/25/2024) (ks) Modified on 6/28/2024 (yv).
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| Filing 13 LETTER MOTION to Adjourn Conference , Motion to Extend Temporary Restraining Order and related deadlines, and Motion regarding previously ordered expedited discovery addressed to Judge Alvin K. Hellerstein from Dmitry Lapin, Esq. dated June 25, 2024. Document filed by XYZ Corp...(Lapin, Dmitry) |
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Filing 12
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/21/24) (yv)
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Filing 11
ORDER granting #9 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/18/24) (yv)
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| Filing 9 LETTER MOTION for Extension of Time and Additional Expedited Discovery addressed to Judge Alvin K. Hellerstein from Dmitry Lapin, Esq. dated June 17, 2024. Document filed by XYZ Corp...(Lapin, Dmitry) |
| Filing 8 SEALED DOCUMENT placed in vault.(nmo) |
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Filing 10
***SELECTED PARTIES*** ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND ORDER RESTRAINING TRANSFER OF ASSETS filed by XYZ Corp., ABC Corp & Does 1-100., Motions terminated: #4 MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-250. filed by XYZ Corp. SO ORDERED. (Signed by Judge Analisa Torres on 6/13/24) (yv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 7 ***EX-PARTE***PROPOSED ORDER. Document filed by XYZ Corp.. Related Document Number: #4 . Motion or Order to File Under Seal: .(Lapin, Dmitry) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 6 ***EX-PARTE***DECLARATION of Dmitry Lapin in Support re: #4 MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-250.. Document filed by XYZ Corp.. (Attachments: #1 Exhibit A - Alert Websites, #2 Exhibit B - Translated Website)Motion or Order to File Under Seal: .(Lapin, Dmitry) |
| Filing 5 ***EX-PARTE***DECLARATION of [redacted] in Support re: #4 MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-250.. Document filed by XYZ Corp.. (Attachments: #1 Exhibit A - Copyright Registrations, #2 Exhibit B - Infringing Listings, #3 Exhibit C - Screencaptures Part 1 of 4, #4 Exhibit C - Screencaptures Part 2 of 4, #5 Exhibit C - Screencaptures Part 3 of 4, #6 Exhibit C - Screencaptures Part 4 of 4, #7 Exhibit D - Infringing Product Photographs)Motion or Order to File Under Seal: .(Lapin, Dmitry) |
| Filing 4 ***EX-PARTE*** MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-250. Document filed by XYZ Corp..Motion or Order to File Under Seal: .(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. #7 Proposed Order was reviewed and approved as to form. (km) |
| Filing 3 SEALED DOCUMENT placed in vault..(jus) |
| Filing 2 CIVIL COVER SHEET filed..(gp) (gp). |
| Filing 1 COMPLAINT against ABC Corp & Does 1-100. (Filing Fee $ 405.00, Receipt Number 30009)Document filed by XYZ Corp. (gp) (Additional attachment(s) added on 6/12/2024: #1 Exhibit A, #2 Exhibit B) (gp). |
| Magistrate Judge Sarah Netburn 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. (gp) |
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ORDER PARTIALLY SEALING CASE 1:24-MC-250..(gp)
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| Case Designated ECF. (gp) |
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