2022-cv-22363

COMPLAINT against The Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-15826001, filed by Shenzhen Dejiayun Network Technology Co., a Chinese Corporation.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Civil Cover Sheet

Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Complaint and Exhibits

Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 7/29/2022. See attached document for full details.

ORDER granting [4] Ex Parte Motion. Signed by Judge Robert N. Scola, Jr on 8/1/2022. See attached document for full details.

NOTICE of Compliance re [7] Order on Ex Parte Motion. (Motion Unsealed)

MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/2/2022. See attached document for full details.

AFFIDAVIT signed by: Deng Jialiang by Shenzhen Dejiayun Network Technology Co.

SYSTEM ENTRY - Docket Entry 10 [motion] restricted/sealed until further notice. (1152026) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 11 [motion] restricted/sealed until further notice. (1152026) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 12 [motion] restricted/sealed until further notice. (1152026) (Text entry; no document attached.)

Exhibit 1: Certificate of Registration

Exhibit 2: Schedule A

Exhibit 3: Evidence

PAPERLESS ORDER: In violation of Section 3I(6) of the CM/ECF Administrative Procedures, the Plaintiff did not submit a Word version of any proposed orders to the Court via e-mail with respect to its 10 ex parte motion for entry of a temporary restraining order, 11 ex parte motion for an order authorizing alternative service of process, and 12 ex parte motion for leave to conduct expedited third-party discovery. The Plaintiff must submit these proposed orders on or before August 19, 2022. If the Plaintiff does not timely comply, the Court will deny all three motions without prejudice. Signed by Judge Robert N. Scola, Jr.

SYSTEM ENTRY - Docket Entry 21 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 22 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 23 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 21 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 22 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 23 [order] restricted/sealed until further notice. (Text entry; no document attached.)

MOTION for Temporary Restraining Order Extension of Fourteen (14) Days by Shenzhen Dejiayun Network Technology Co. Responses due by 10/6/2022

(Text of Proposed Order)

ORDER granting 24 Motion for Extension of Temporary Restraining Order. Signed by Judge Robert N. Scola, Jr. on 9/22/2022. See attached document for full details.

Clerks Receipt for REGISTRY DEPOSIT received on 9/20/2022 in the amount of $ 5,000.00, receipt number 3024.

MOTION for Preliminary Injunction by Shenzhen Dejiayun Network Technology Co.

(Text of Proposed Order)

NOTICE of Filing Proposed Summons(es) by Shenzhen Dejiayun Network Technology Co.

Clerk's Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached.

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Best Choice.

NOTICE of Filing Proposed Summons(es) by Shenzhen Dejiayun Network Technology Co.

PAPERLESS ORDER: The Court orders the Plaintiff to show cause why the Court should not deny its [27] motion for a preliminary injunction, without prejudice. It does not appear any of the Defendants have yet been served in this case. It is, therefore, premature for the Court to consider the preliminary-injunction motion. Signed by Judge Robert N. Scola, Jr.

Summons Issued as to Best Choice and all other Defendants Identified in Schedule "A".

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shenzhen Dejiayun Network Technology Co. Best Choice served on 10/15/2022, response/answer due 11/7/2022; The Partnerships and Unincorporated Associations Identified on Schedule A served on 10/15/2022, response/answer due 11/7/2022.

RESPONSE TO ORDER TO SHOW CAUSE re 32 Order, Order to Show Cause, by Shenzhen Dejiayun Network Technology Co.

PAPERLESS ORDER: The Court sets [27] the Plaintiff's motion for a preliminary injunction for hearing at 10:00 am on November 1, 2022, at 400 North Miami Avenue, Courtroom 12-3, Miami, Florida, before United States District Court Judge Robert N. Scola, Jr. The Court orders the Defendants to file any responses to the motion on or before noon on October 28, 2022. Signed by Judge Robert N. Scola, Jr.

CERTIFICATE OF SERVICE by Shenzhen Dejiayun Network Technology Co.

Reset Deadlines as to [27] MOTION for Preliminary Injunction. Responses due by 10/28/2022 (ls)(per DE #36) (Text entry; no document attached.)

Clerk's Notice to Filer re [34] Summons Returned Executed. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules.

MOTION Motion to Unseal by Shenzhen Dejiayun Network Technology Co.

Text of Proposed Order

Clerk's Notice to Filer re 39 MOTION Motion to Unseal. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs.

PAPERLESS ORDER: The Court grants [39] the Plaintiff's motion to unseal the sealed filings and orders in this case. Accordingly, the Court directs the Clerk to unseal the sealed filings in this case: [9], [10], [11], [12], [14], [15], [16], [17], [18], [19], [20], [21], [22], and [23]. Signed by Judge Robert N. Scola, Jr.

CLERK'S NOTICE of Unsealing re 41 Order on Motion to Unseal Documents.

NOTICE of Striking by Shenzhen Dejiayun Network Technology Co.

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shenzhen Dejiayun Network Technology Co.

Clerk's Notice to Filer re [43] Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document.

PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held on 11/1/2022 re [27] MOTION for Preliminary Injunction filed by Shenzhen Dejiayun Network Technology Co. No appearance on behalf of the defendants. Attorney Pittaway announced she is in negotiations with some defendants. Motion is taken under advisement. Total time in court: 5 minutes. Attorney Appearance(s): Lydia R Pittaway. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov.

ORDER granting 27 Motion for Preliminary Injunction. Signed by Judge Robert N. Scola, Jr. on 11/1/2022. See attached document for full details. (ls).

MOTION for Clerk's Entry of Default as to Best Choice, The Partnerships and Unincorporated Associations Identified on Schedule A by Shenzhen Dejiayun Network Technology Co.

PAPERLESS Clerk's Entry of Default as to Best Choice and all other Defendants Identified on Schedule A - Motions Terminated: 48 Motion for Clerk's Entry of Default. Signed by DEPUTY CLERK on 11/15/2022.

MOTION for Default Judgment by Shenzhen Dejiayun Network Technology Co.

Exhibit Declaration of L. Pittaway

Text of Proposed Order

Text of Proposed Order

CERTIFICATE OF SERVICE by Shenzhen Dejiayun Network Technology Co.

MOTION to Set Aside Default by Xingmian. Attorney Darren Adam Heitner added to party Xingmian (pty:dft).

Affidavit Declaration

Errata Errata

MOTION to Set Aside Default by Toamir. Attorney Darren Adam Heitner added to party Toamir(pty:dft).

Affidavit Declaration

Errata Errata

PAPERLESS ORDER striking 52 53 Defendants Xingmian and Toamir's motions to set aside the Clerk's entry of Default. The motions were filed in violation of 5 the Court's order that, where there are multiple defendants, they must file joint motions unless there are clear conflicts of position. The motions these two Defendants filed appear nearly identical and neither party has set forth any basis to show that a conflict necessitates their separate filing. The Defendants may refile their motion, jointly, on or before December 9, 2022. In the meantime, the Court will hold any ruling on 50 the Plaintiff's motion for default judgment in abeyance as to these two Defendants. Signed by Judge Robert N. Scola, Jr.

MOTION to Set Aside Default by Toamir, Xingmian.

Affidavit Declaration

Affidavit Declaration

(Errata Errata)

ORDER Referring Motions To Magistrate Judge. Motions 50 & 55 referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 12/16/2022. See attached document for full details.

NOTICE of Settlement WITH DEFENDANT NO. 20 by Shenzhen Dejiayun Network Technology Co.

NOTICE of Voluntary Dismissal as to Defendant No. 17 (Toamir) by Shenzhen Dejiayun Network Technology Co.

(Text of Proposed Order)

Agreed MOTION to Approve Consent Judgment Defendant No. 20 (Xingmian) by Shenzhen Dejiayun Network Technology Co. Responses due by 3/30/2023

Exhibit Statement of Consent

(Text of Proposed Order)

PAPERLESS ORDER: The Court withdraws the reference to the magistrate judge of 55 the Defendants' motion to set aside and denies 55 the motion as moot. The Plaintiff and the two movants have 57 58 59 resolved their disputes. Signed by Judge Robert N. Scola, Jr.

NOTICE of Voluntary Dismissal as to Defendant Nos. 9 (Hejing) and 13 (LA FOREOREUSE DE POINTE) by Shenzhen Dejiayun Network Technology Co.

(Text of Proposed Order)

NOTICE of Voluntary Dismissal as to Defendant No. 7 (Guangzhou Miahuangqiu Trading Co., Ltd.) by Shenzhen Dejiayun Network Technology Co.

(Text of Proposed Order)

Consent Judgment and Permanent Injunction as to Defendant Xingmian (No. 20) Only. ORDER granting 59 Motion to Approve Consent Judgment. The Court grants Shenzhen Dejiayun's Motion for Entry of Consent Final Judgment and Permanent Injunction as to Defendant (ECF No. 59). Signed by Judge Robert N. Scola, Jr on 5/5/2023. See attached document for full details.

PAPERLESS ORDER setting evidentiary hearing on 50 MOTION for Default Judgment by Shenzhen Dejiayun Network Technology Co. The in-person, evidentiary hearing will take place on Thursday, June 8, 2023 at 10:00 AM before the Undersigned. The parties will be prepared to present evidence (including any witness testimony) and legal argument. At the hearing, Plaintiff will advise the Court which Defendants remain at issue in the motion. Signed by Magistrate Judge Jonathan Goodman on 5/19/2023.

MOTION to Continue HEARING ON PLAINTIFFS MOTION FOR DEFAULT JUDGMENT SET FOR JUNE 8, 2023 (D.E. 65) by Shenzhen Dejiayun Network Technology Co. Responses due by 6/5/2023

Text of Proposed Order

PAPERLESS ORDER granting [65] MOTION to Continue HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. The in-person, evidentiary hearing on the [50] MOTION for Default Judgment by Shenzhen Dejiayun Network Technology Co. is re-set to Thursday, June 22, 2023 at 10:00 AM before the Undersigned. The parties will be prepared to present evidence (including any witness testimony) and legal argument. At the hearing, Plaintiff will advise the Court which Defendants remain at issue in the motion. Signed by Magistrate Judge Jonathan Goodman on 5/22/2023.

CERTIFICATE OF SERVICE by Shenzhen Dejiayun Network Technology Co. re [66] Order, Set/Reset Hearings, Terminate Motions

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): DAMAI, datongshifuledayaofangyouxiangongsi, dream-wonderland, Fun City Club Inc, Guangzhou Miaohuangqiu Trading Co., HaoTeSai, Hejing, Hunankeyuanzhinengkejiyouxiangongsi, HXZH, KEJIY, LA FOREOREUSE DE POINTE, Shenzhenshixiximaoyiyouxiangongsi, Win-Win, USC, Liaocheng, MASOCIO and CXHDZ.

MOTION for Leave to Appear Telephonically at Plaintiff's Motion for Entry of Final Judgment on Thursday, June 22, 2023 at 10:00 AM. (D.E. 66). Attorney/Representative: Witness Deng Jialiang by Shenzhen Dejiayun Network Technology Co. Responses due by 6/20/2023

(Text of Proposed Order)

PAPERLESS ORDER denying 69 MOTION for Leave to Appear Telephonically at evidentiary hearing on Plaintiff's Motion for Entry of Final Judgment set for Thursday, June 22, 2023 at 10:00 AM. Signed by Magistrate Judge Jonathan Goodman on 6/6/2023.

PAPERLESS ORDER regarding in-person evidentiary hearing set for Thursday, June 22, 2023 at 10:00 AM before the Undersigned. Any party calling a witness who needs an interpreter will need to make their own arrangements for retaining a federal court-certified interpreter. Signed by Magistrate Judge Jonathan Goodman on 6/6/2023.

MOTION Hearing or Evidentiary Motion Hearing (Text entry; no document attached.)

~Util - Terminate Deadlines and Hearings (Text entry; no document attached.)

PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 6/22/2023 re 50 MOTION for Default Judgment filed by Shenzhen Dejiayun Network Technology Co. Ruling on Motion to follow. Total time in court: 1 hour(s) : 15 minutes. Attorney Appearance(s): Lydia R Pittaway, Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (Digital JG_01_06-22-2023/ Zoom)

Deadline(s)/Hearing(s) terminated. (Text entry; no document attached.)

PAPERLESS ORDER requiring Plaintiff to file on CM/ECF a proposed final default judgment by no later than Friday, July 7, 2023. By the same deadline, Plaintiff will submit to the Undersigned's efile inbox (goodman@flsd.uscourts.gov) a "Word" version of this document. Signed by Magistrate Judge Jonathan Goodman on 6/22/2023.

NOTICE by Shenzhen Dejiayun Network Technology Co. re [50] MOTION for Default Judgment

Exhibit One: Final Default Judgment in Shenzhen Dejiayun Network Technology Co.,

Exhibit Two: Amended Default Judgment Order in Shenzhen Dejiayun Network Technol

Exhibit Three: Final Judgment Order in Shenzhen Dejiayun Network Technology Co.,

REPORT AND RECOMMENDATIONS ON 50 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST CERTAIN DEFENDANTS. Objections to R&R due by 7/17/2023. Signed by Magistrate Judge Jonathan Goodman on 7/1/2023. See attached document for full details.

CERTIFICATE OF SERVICE by Shenzhen Dejiayun Network Technology Co. re [75] REPORT AND RECOMMENDATIONS re [50] MOTION for Default Judgment filed by Shenzhen Dejiayun Network Technology Co.

NOTICE of Compliance by Shenzhen Dejiayun Network Technology Co. re [75] REPORT AND RECOMMENDATIONS re [50] MOTION for Default Judgment filed by Shenzhen Dejiayun Network Technology Co.

OBJECTIONS to [75] Report and Recommendations by Shenzhen Dejiayun Network Technology Co.

Exhibit A: Unreported Cases

Exhibit B: Unreported Cases

Exhibit C: Unreported Cases

Exhibit D: Unreported Cases

Exhibit E: Unreported Cases

Order Adopting Report and Recommendations and Granting Motion for Default Judgment. As set forth above, the Court adopts Judge Goodman's recommendations as to damages and injunctive relief (ECF No. 75), largely sustains the Plaintiff's unopposed objections (ECF No. 78), and thus grants in part and denies in part the Plaintiff's motion for final default judgment (ECF No. 50). An order entering final judgment will be filed separately. Certificate of Appealability: No Ruling Signed by Judge Robert N. Scola, Jr on 9/12/2023. See attached document for full details.

JUDGMENT in favor of Shenzhen Dejiayun Network Technology Co. against Best Choice, CXHDZ, DAMAI, Fun City Club Inc, HXZH, HaoTeSai, Hunankeyuanzhinengkejiyouxiangongsi, KEJIY, Liaocheng, MASOCIO, Shenzhenshixiximaoyiyouxiangongsi, USC, Win-Win, datongshifuledayaofangyouxiangongsi, dream-wonderland The Court has entered final default judgment. The Court enters a permanent injunction against the Defaulting Defendants, consistent with the terms established in the Court's order granting default judgment. Further, the Court awards statutory damages of $125,000 against each Defaulting Defendant, for a total award of $1,875,000 in favor of the Plaintiff from each Defaulting Defendant, for which sum let execution issue. The Court directs the Clerk to release from the Courts registry, the $5,000 bond posted (ECF No. 26), along with the interest payable on the principal amount, payable to Pittaway Law PLLC, as counsel for the Plaintiff Shenzhen Dejiayun Network Technology Co. Finally, the Court directs the Clerk to close this case. Signed by Judge Robert N. Scola, Jr on 9/12/2023. See attached document for full details.

NOTICE of Voluntary Dismissal as to Def. No. 20 (Xingmian) by Shenzhen Dejiayun Network Technology Co.

Text of Proposed Order