Amazon.com Inc et al v. Zhang et al
| Amazon.com, Inc., Vera Bradley Designs, Inc., Amazon.com Inc and Vera Bradley Designs Inc |
| John Does 1-10, Zhen Wang Johnny Zhang, Fabby Global Trading, LLC, Fabby Global Trading LLC, Universal Expo Group Inc. and Fabby Global Trading LLC a Texas limited liability corporation doing business as Calibean Collection |
| 2:2018cv00352 |
| March 8, 2018 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Ricardo S Martinez |
| Ricardo S Martinez |
| Trademark |
| 15 U.S.C. § 1114 |
| Defendant |
Docket Report
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This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.
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Filing 76
ORDER granting Plaintiffs' #70 Motion for Attorney Fees. The Court awards Plaintiffs attorneys' fees in the amount of $7,776. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 75 REPLY, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc, TO RESPONSE to #70 MOTION for Attorney Fees and Costs (Bugaighis, Zana) |
| Filing 74 RESPONSE, by Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang, to #70 MOTION for Attorney Fees and Costs. (Pitchford, Susan) |
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Filing 73
ORDER granting Defendants' #72 Unopposed Motion for Extension of Time. It is ORDERED that Plaintiff's #70 Motion for Attorneys' Fees and Costs is now noted for 2/19/2021 with the Defendants' opposition due by 2/16/2021 and Plaintiffs' reply due 2/19/2021. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 72 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion for Attorney's Fees and Costs, filed by Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang. (Attachments: #1 Proposed Order) Noting Date 2/8/2021, (Pitchford, Susan) |
| Filing 71 DECLARATION of Zana Bugaighis filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc re #70 MOTION for Attorney Fees and Costs (Bugaighis, Zana) |
| Filing 70 MOTION for Attorney Fees and Costs, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. Noting Date 2/12/2021, (Bugaighis, Zana) |
| Filing 69 JUDGMENT BY COURT. THE COURT HAS ORDERED THAT that Plaintiffs are granted judgment against Defendants, in the amount of US $480,000, plus attorneys' fees in an amount to be established. This judgment shall bear interest at the statutory rate prescribed by 28 U.S.C. 1961. (PM) |
| Filing 68 STIPULATED JUDGMENT granting Plaintiffs' #62 #63 Motion to Enter Stipulated Judgment. The Court finds that Defendants have defaulted in their settlement payments and, pursuant to the settlement agreement, the Court therefore makes a final determination of the rights of the parties in this action. Plaintiffs are granted judgment against Defendants, in the amount of US $480,000, plus attorneys fees in an amount to be established. This judgment shall bear interest at the statutory rate prescribed by 28 U.S.C. 1961. Signed by Judge Ricardo S. Martinez.(PM) Modified on 2/17/2021: edited text to reflect correct name of document from Order to Stipulated Judgment (PM). |
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Filing 67
ORDER granting Plaintiffs' #60 Motion to Seal. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 66 REPLY, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc, TO RESPONSE to #62 Redacted MOTION for Judgment , #60 Unopposed MOTION to Seal , #63 SEALED MOTION to Judgment; re #60 Unopposed MOTION to Seal , #62 Redacted MOTION for Judgment ; (Bugaighis, Zana) |
| Filing 65 SEALED DOCUMENT Declaration of Zana Bugaighis by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc re #60 Unopposed MOTION to Seal , #64 Declaration, (Bugaighis, Zana) |
| Filing 64 Redacted DECLARATION of Zana Bugaighis filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc re #62 Redacted MOTION for Judgment , #63 SEALED MOTION to Judgment; re #60 Unopposed MOTION to Seal , #62 Redacted MOTION for Judgment ; (Bugaighis, Zana) |
| Filing 63 SEALED MOTION to Judgment; re #60 Unopposed MOTION to Seal , #62 Redacted MOTION for Judgment ; by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. Noting Date 1/8/2021, (Bugaighis, Zana) |
| Filing 62 Redacted MOTION for Judgment , filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Proposed Order) Noting Date 1/8/2021, (Bugaighis, Zana) |
| Filing 61 DECLARATION of Zana Bugaighis filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc re #60 Unopposed MOTION to Seal (Bugaighis, Zana) |
| Filing 60 Unopposed MOTION to Seal , filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Proposed Order) Noting Date 1/8/2021, (Bugaighis, Zana) |
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Filing 59
ORDER denying without prejudice Plaintiffs' #56 Motion for Judgment. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 58 REPLY, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc, TO RESPONSE to #56 MOTION for Judgment (Bugaighis, Zana) |
| Filing 57 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney James Harlan Wendell for Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Bugaighis, Zana) |
| Filing 56 MOTION for Judgment , filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. Noting Date 12/11/2020, (Bugaighis, Zana) |
| Filing 55 STIPULATION AND PROPOSED ORDER re Judgment by parties (Bugaighis, Zana) |
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Filing 54
STIPULATION AND ORDER of Dismissal with Prejudice re parties' #52 Stipulation. Pursuant to Federal Rule Civil Procedure 41(a)(1)(A)(ii) this action is dismissed in its entirety with prejudice and without an award of fees or costs to any party. Signed by Judge Ricardo S. Martinez. (TH)
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Filing 53
STIPULATION AND ORDER re: Permanent Injunction re parties' #51 Stipulation. Signed by Judge Ricardo S. Martinez. (TH)
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| Filing 52 STIPULATION AND PROPOSED ORDER re Dismissal with Prejudice by parties (MacNaughton, Bonnie) |
| Filing 51 STIPULATION AND PROPOSED ORDER re Permanent Injunction by parties (MacNaughton, Bonnie) |
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Filing 50
ORDER granting parties' #48 Second Joint Motion to Continue the Trial Date and Amend the Case Schedule. Jury Trial is set for 5/11/2020 at 09:00 AM before Judge Ricardo S. Martinez. Discovery completed by 12/13/2019, 39.1 mediation to be completed by 10/24/2019 (no change), Dispositive motions due by 1/30/2020, Motions in Limine due by 4/13/2020, Agreed Pretrial Order due by 4/29/2020, Voir dire/jury instructions/trial briefs due by 5/6/2020. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 49 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney James Harlan Corning for Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (MacNaughton, Bonnie) |
| Filing 48 Second Stipulated MOTION to Continue Trial Date and Amend Case Schedule, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Proposed Order) Noting Date 9/10/2019, (MacNaughton, Bonnie) |
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Filing 47
ORDER granting parties' #46 Stipulated Motion. The Parties' submission on expert disclosure requirements related to a request for attorneys' fees and costs, including evidence supporting requests and entitlement for attorney fees and costs in an exceptional case, may be deferred until 15 days after the verdict or final judgment, whichever comes earlier. Signed by Judge Ricardo S. Martinez.(PM)
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| Filing 46 Stipulated MOTION to Defer Expert Disclosure Requirements Related to Requests for Attorneys' Fees and Costs and [Proposed] Order, filed by Defendants Fabby Global Trading LLC, Universal Expo Group Inc., Zhen Wang Johnny Zhang. Noting Date 7/12/2019, (Pitchford, Susan) |
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Filing 45
ORDER granting parties' #44 Joint Motion to Continue Trial Date. The case schedule is amended as follows: Jury Trial is set for 3/9/2020 at 9:00 AM before Judge Ricardo S. Martinez. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/12/2019, Motions due by 8/12/2019, Discovery completed by 9/13/2019, 39.1 Mediation (if requested) held by 10/24/2019, Dispositive motions due by 12/2/2019, Motions in Limine due by 2/13/2020, Pretrial Order due by 2/28/2020, Trial briefs/exhibits/neutral statement of the case to be submitted by 3/4/2020, Proposed voir dire/jury instructions due by 3/4/2020. Signed by Judge Ricardo S. Martinez.(LW)
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| ***Motion terminated: #43 Joint MOTION to Continue Trial Date and Amend Case Schedule filed by Amazon.com Inc, Vera Bradley Designs Inc. Motion terminated per Clerk's note of incorrect filing and the parties' refiling of a corrected Joint Motion (Dkt. #44). (CAO) |
| Filing 44 Joint MOTION to Continue Trial Date and Amend Case Schedule, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Proposed Order) Noting Date 4/8/2019, (Bugaighis, Zana) |
| NOTE: Document #43 was filed incorrectly. Appearance of attorney Merry Harrison, Douglas H. Elliott, Nathan Q. Huynh as to Defendant Universal Expo Group Inc is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. (MW) |
| Filing 43 Joint MOTION to Continue Trial Date and Amend Case Schedule, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Proposed Order) Noting Date 4/5/2019, (Bugaighis, Zana) |
| Filing 42 NOTICE of Appearance by attorney Sarah Cox on behalf of Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Cox, Sarah) |
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Filing 41
ORDER granting #40 Joint Motion for Extension of Time. The deadline for the Expert Witness Disclosure/Reports under FRCP 26(a)(2) is extended from 4/12/2019 to 5/12/2019. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 40 Joint MOTION for Extension of Time for Filing Motions Related to Discovery, filed by Defendants Fabby Global Trading LLC, Universal Expo Group Inc., Zhen Wang Johnny Zhang. (Attachments: #1 Proposed Order Granting Joint Motion to Extend the Deadline for Filing Motions Related to Discovery) Noting Date 3/20/2019, (Harrison, Merry) |
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Filing 39
ORDER re #38 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Merry R Harrison for Defendants Fabby Global Trading LLC and for Zhen Wang Johnny Zhang, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 38 APPLICATION OF ATTORNEY Merry R. Harrison FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang (Fee Paid) Receipt No. 0981-5678436 (Pitchford, Susan) |
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Filing 37
ORDER granting Defendants' unopposed #36 Motion for Extension of Time. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/12/2019. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 36 Unopposed MOTION for Extension of Time to Disclose Expert Witnesses, filed by Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang. (Attachments: #1 Proposed Order) Noting Date 2/28/2019, (Pitchford, Susan) |
| Filing 35 NOTICE of Change of Address/Change of Name of Attorney Bonnie Elizabeth MacNaughton. Filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (MacNaughton, Bonnie) Modified address on 12/4/2018 (DS). |
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Filing 34
STIPULATED PROTECTIVE ORDER signed by Judge Ricardo S. Martinez. (PM)
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| Filing 33 STIPULATION AND PROPOSED ORDER re Protective Order by parties (Bugaighis, Zana) |
| Filing 32 NOTICE of Appearance by attorney Zana Bugaighis on behalf of Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Bugaighis, Zana) |
| Filing 31 AFFIDAVIT of Service of Summons and Complaint on Universal Expo Group, Inc. on 8/19/2018, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Corning, James) |
| Filing 30 ANSWER to #28 Amended Complaint, with JURY DEMAND by Fabby Global Trading LLC, Universal Expo Group Inc., Zhen Wang Johnny Zhang.(Pitchford, Susan) |
| Filing 29 Summons Electronically Issued as to defendant Universal Expo Group Inc. (PM) |
| Filing 28 AMENDED COMPLAINT against All Defendants, filed by Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Summons to Universal Expo Group Inc.)(Corning, James) |
| Filing 27 AMENDED ANSWER to #1 Complaint, with Jury Demand by Fabby Global Trading LLC, Zhen Wang Johnny Zhang. (Pitchford, Susan) |
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Filing 26
ORDER granting Plaintiffs' unopposed #23 Motion for leave to file Amended Complaint. Plaintiff shall file and serve the amended complaint on all parties within fourteen (14) days pursuant to LCR 15. Signed by Judge Ricardo S Martinez. (PM)
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Filing 25
ORDER granting Defendants' unopposed #22 Motion for Leave to File First Amended Answer. Amended Answer due by July 3, 2018 or within 24 hours of the date of this order. Signed by Judge Ricardo S Martinez. (PM)
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| Filing 24 DECLARATION of James Harlan Corning filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc re #23 Unopposed MOTION to Amend #1 Complaint,, (Attachments: #1 Exhibit A - First Amended Complaint)(Corning, James) |
| Filing 23 Unopposed MOTION to Amend #1 Complaint,,, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Attachments: #1 Proposed Order) Noting Date 7/13/2018, (Corning, James) |
| Filing 22 Unopposed MOTION to Amend #12 Answer to Complaint,,, filed by Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang. (Attachments: #1 Exhibit 1 - Proposed First Amended Answer, #2 Proposed Order) Noting Date 7/2/2018, (Pitchford, Susan) |
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Filing 21
ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Ricardo S Martinez. Length of Trial: *4 days*. Jury Trial is set for 9/9/2019 at 09:00 AM before Judge Ricardo S Martinez. Joinder of Parties due by 7/3/2018, Amended Pleadings due by 7/3/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/13/2019, Motions due by 4/12/2019, Discovery completed by 5/13/2019, Dispositive motions due by 6/11/2019, 39.1 mediation to be completed by 7/26/2019, Motions in Limine due by 8/12/2019, Pretrial Order due by 8/28/2019, Trial briefs to be submitted by 9/4/2019, Proposed voir dire/jury instructions due by 9/4/2019.. (LC)
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| Filing 20 JOINT STATUS REPORT signed by all parties estimated Trial Days: 4. (Corning, James) |
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Filing 19
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 6/1/2018, FRCP 26f Conference Deadline is 5/18/2018, Initial Disclosure Deadline is 5/25/2018, by Judge Ricardo S. Martinez. (LW)
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| Filing 18 MINUTE ORDER REASSIGNING CASE by William M. McCool; Case reassigned to Judge Ricardo S Martinez for all further proceedings. Hon. James P. Donohue no longer assigned to case. Cc to RSM. (TF) |
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Filing 17
ORDER re #15 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Nathan Q. Huynh for Defendants Fabby Global Trading LLC, and for Zhen Wang Johnny Zhang, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 16
ORDER re #14 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Douglas H Elliott for Defendants Fabby Global Trading LLC, and for Zhen Wang Johnny Zhang, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 15 APPLICATION OF ATTORNEY Nathan Q. Huynh FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang (Fee Paid) Receipt No. 0981-5272817 (Pitchford, Susan) Sponsoring Attorney maintains an office in Vancouver, WA on 4/9/2018(DS). |
| Filing 14 APPLICATION OF ATTORNEY Douglas H. Elliott FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Fabby Global Trading LLC, Zhen Wang Johnny Zhang (Fee Paid) Receipt No. 0981-5272793 (Pitchford, Susan) Sponsoring Attorney maintains an office in Vancouver, WA on 4/9/2018(DS). |
| Filing 13 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Fabby Global Trading LLC, Zhen Wang Johnny Zhang (Pitchford, Susan) |
| Filing 12 ANSWER to #1 Complaint, with JURY DEMAND Attorney Susan D Pitchford added to party Fabby Global Trading LLC(pty:dft), Attorney Susan D Pitchford added to party Zhen Wang Johnny Zhang(pty:dft) by Fabby Global Trading LLC, Zhen Wang Johnny Zhang.(Pitchford, Susan) |
| Filing 11 AFFIDAVIT of Service of Summons and Complaint on Zhen Wang "Johnny" Zhang on 3/20/2018, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Corning, James) |
| Filing 10 AFFIDAVIT of Service of Summons and Complaint on Caitlyn Fortner - Authorized Agent for Fabby Global Trading LLC dba Calibean Collection on 3/16/2018, filed by Plaintiffs Amazon.com Inc, Vera Bradley Designs Inc. (Corning, James) |
| Filing 9 REPORT on the filing or determination of an action or appeal regarding a Trademark. Emailed to the US Patent and Trademark Office. (RE) |
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Filing 8
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 4/23/2018, FRCP 26f Conference Deadline is 4/9/2018, Initial Disclosure Deadline is 4/16/2018, by Hon. James P. Donohue. (TF)
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| Filing 7 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If declining consent, return the executed form by 4/23/2018. Please Note: Forms must not be electronically filed with the Court. (TF) |
| Filing 6 Summons(es) electronically issued as to defendant(s) Fabby Global Trading LLC, Zhen Wang Johnny Zhang. (Attachments: #1 Summons-Fabby Global)(RE) |
| ***NOTICE TO PARTIES*** re #7 Consent Form. This district has adopted an opt-out consent procedure. Each party will be deemed to have knowingly and voluntarily CONSENTED to proceed before the assigned Magistrate Judge UNLESS the consent form is returned by the due date indicating lack of consent. Plaintiff's counsel (or Plaintiff, if pro se) is directed to serve a copy of the consent form on counsel for any party subsequently appearing within five (5) days of an appearance of counsel for that party. (TF) |
| Hon. James P. Donohue added. (RE) |
| Filing 5 REPORT on the Filing of an Action Regarding a Copyright by Plaintiffs Amazon.com, Inc., Vera Bradley Designs, Inc. (MacNaughton, Bonnie) (Report mailed to U.S. Copyright Office) Modified on 3/12/2018 to add info regarding mailing of Report. (RE) |
| Filing 4 REPORT on the Filing of an Action Regarding a Trademark by Plaintiffs Amazon.com, Inc., Vera Bradley Designs, Inc. (MacNaughton, Bonnie) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Vera Bradley, Inc. for Vera Bradley Designs, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Vera Bradley Designs, Inc. (MacNaughton, Bonnie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amazon.com, Inc. (MacNaughton, Bonnie) |
| Filing 1 COMPLAINT for Damages and Equitable Relief against defendant(s) Fabby Global Trading, LLC, John Does 1-10, Zhen Wang Johnny Zhang (Receipt # 0981-5230469), filed by Amazon.com, Inc., Vera Bradley Designs, Inc.. (Attachments: #1 Exhibits A-G, #2 Civil Cover Sheet, #3 Summons to Zhang, #4 Summons to Fabby Global)(MacNaughton, Bonnie) |
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