2025-cv-23312

COMPLAINT against The Partnerships and Unincorporated Corporations Identified on Schedule "A". Filing fees $ 405.00 receipt number AFLSDC-18644447, filed by Kitsch LLC.

Exhibit 1- US Patent No D939812

Complaint

Text of Proposed Order

(Text of Proposed Order) (Thurswell Lehr, Lindsey)

Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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.

Civil Cover Sheet

Exhibit

Exhibit Declaration of Cantor

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Copy of AO Form, Complaint and Exhibits sent)

Summon(s)

Exhibit Exhibit 1 of Cantor Declaration

Summons Issued as to The Partnerships and Unincorporated Corporations Identified on Schedule "A".

(Exhibit Declaration of Meng)(Thurswell Lehr, Lindsey)

Corporate Disclosure Statement by Kitsch LLC (Thurswell Lehr, Lindsey)

REPORT REGARDING Report on the Filing or Determination of an Action Regarding A Patent or Trademark by Kitsch LLC (Thurswell Lehr, Lindsey)

Clerk's Notice to Filer re [6] Report Regarding. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules.

NOTICE Plaintiff's Response to the Court's Omnibus Order by Kitsch LLC re 8 Administrative Order (Thurswell Lehr, Lindsey)

MOTION Plaintiff's Ex Parte Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) by Kitsch LLC.

MOTION to Seal per Local Rule 5.4 by Kitsch LLC.

Order (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 12 [motion] restricted/sealed until further notice. (1179510) (Text entry; no document attached.)

PAPERLESS ORDER denying [11] Plaintiff's Ex Parte Motion for Leave to File Under Seal. On July 25, 2025, the Court entered an Omnibus Order Regarding Schedule "A" Causes of Action ("Order"), [ECF No. 8], which explains that "[m]otions to file documents under seal or to proceed anonymously or pseudonymously in these cases are disfavored by the Court," and any such motion will "be denied with leave to refile only after all the requirements of this Order have been complied with and only once the exceptional circumstances required to grant such a motion have been shown." Order at 4-5; see also Landmark Commc'ns, Inc. v. Virginia, 435 U.S. 829, 839 (1978) ("The operations of the courts and the judicial conduct of judges are matters of utmost public concern."); Chicago Trib. Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001) ("The common-law right of access to judicial proceedings, an essential component of our system of justice, is instrumental in securing the integrity of the process."); Doe v. Frank, 951 F.2d 320, 323 (11th Cir. 1992) ("It is the exceptional case in which a plaintiff may proceed under a fictitious name.). Here, Plaintiff has not shown the exceptional circumstances required to grant such a motion. Accordingly, Plaintiff's request for leave to file under seal is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2025.

PAPERLESS ORDER denying without prejudice and with leave to refile [10] Plaintiff's Ex Parte Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) and [12] Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery. On July 25, 2025, the Court entered an Omnibus Order Regarding Schedule "A" Causes of Action ("Order"), [ECF No. 8]. In that Order, the Court detailed requirements for motions for alternative service and for motions for temporary restraining orders. See Order at 2-3; Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995); Fed. R. Civ. P. 65(b)(1); see also, e.g., Zuru (Singapore) Pte., Ltd. v. Individuals Identified on Schedule A Hereto, No. 22-2483, 2022 WL 14872617, at *2 (S.D.N.Y. Oct. 26, 2022) (finding alternative process under Rule 4(f)(3) proper where plaintiff conducted further online research, sent mail to the addresses, and conducted in-person visits" to determine whether physical addresses provided by Amazon were accurate). Neither of Plaintiff's motions satisfies these requirements, nor do Plaintiff's proposed motions adequately lay out the applicable legal standards or provide any analysis or authority for entry of the requested relief. Motions for ex parte relief require more than bare assertions: the plaintiff must describe the legal standard and facts supporting the claims and requested relief. Here, the proposed orders merely rubber stamp the requested relief, which also fails to provide the information necessary for the Court to ascertain if the relief is appropriate. Given these deficiencies, the Court is unable to find that the requested relief is appropriate. Accordingly, Plaintiff's Motions, [10 and [12], are DENIED without prejudice and with leave to refile. Plaintiff shall file renewed motions and proposed orders that meet the Court's requirements, adequately lay out the legal standards, and provide legal analysis and authority for entry of the requested relief on or before September 9, 2025. Signed by Judge Rodolfo A. Ruiz, II on 8/26/2025.

PAPERLESS ORDER requiring Plaintiff Kitsch LLC to submit a Proposed Order for [15] Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery. As per the Court's previous Paperless Order [ECF No. 14], "Plaintiff shall file renewed motions and proposed orders that meet the Court's requirements, adequately lay out the legal standards, and provide legal analysis and authority for entry of the requested relief[.]" Pursuant to S.D. Fla. CM/ECF Administrative Procedure 3(I)(6), Plaintiff Kitsch LLC shall email its Proposed Order to ruiz@flsd.uscourts.gov in Word format and file it on the active docket on or before September 9, 2025. Signed by Judge Rodolfo A. Ruiz, II on 9/3/2025.