2024-cv-02413

COMPLAINT filed by tinyBuild, LLC; Filing fee $ 405, receipt number AILNDC-21781960.

Exhibit A

(Exhibit B)(Quezada Hastings, Sofia)

CIVIL Cover Sheet (Quezada Hastings, Sofia)

SEALED EXHIBIT by Plaintiff tinyBuild, LLC Schedule A to Complaint regarding complaint 1 (Quezada Hastings, Sofia)

ATTORNEY Appearance for Plaintiff tinyBuild, LLC by Sofia Quezada Hastings (Quezada Hastings, Sofia)

MOTION by Plaintiff tinyBuild, LLC for leave to file Certain Documents Under Seal (Quezada Hastings, Sofia)

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2).

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

Notice of Claims Involving Trademark by tinyBuild, LLC (Quezada Hastings, Sofia)

MOTION by Plaintiff tinyBuild, LLC for temporary restraining order (Quezada Hastings, Sofia)

MEMORANDUM by tinyBuild, LLC in support of motion for temporary restraining order 7

(Declaration of Stewart Miller)(Quezada Hastings, Sofia)

SEALED EXHIBIT by Plaintiff tinyBuild, LLC Evidence Exhibits regarding memorandum in support of motion 8

Exhibit 1-50

(Exhibit 51-124)(Quezada Hastings, Sofia)

MOTION by Plaintiff tinyBuild, LLC for Electronic Service of Process (Quezada Hastings, Sofia)

MEMORANDUM by tinyBuild, LLC in support of motion for miscellaneous relief 10 for Electronic Service of Process

(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia)

NOTICE of Motion by Sofia Quezada Hastings for presentment of motion for miscellaneous relief 10, motion for temporary restraining order 7, motion for leave to file 5 before Honorable Jeremy C. Daniel on 4/2/2024 at 09:30 AM. (Quezada Hastings, Sofia)

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion for leave to file under seal 5, motion for ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and order to show cause why preliminary injunction should not issue 7, and motion for electronic service of process 10 are granted. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 4/2/2024. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

BOND in the amount of $ 10,000 law firm check, Receipt No. 100004873 posted by tinyBuild, LLC

REGISTRY Deposit Information Form.

MOTION by Plaintiff tinyBuild, LLC for extension of time for Temporary Restraining Order (Quezada Hastings, Sofia)

MEMORANDUM by tinyBuild, LLC in support of extension of time 16

(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia)

MOTION by Plaintiff tinyBuild, LLC for preliminary injunction (Quezada Hastings, Sofia)

MEMORANDUM by tinyBuild, LLC in support of motion for preliminary injunction 18

(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia)

NOTICE of Motion by Sofia Quezada Hastings for presentment of motion for preliminary injunction 18 before Honorable Jeremy C. Daniel on 4/30/2024 at 09:30 AM. (Quezada Hastings, Sofia)

SUMMONS Returned Executed by tinyBuild, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/26/2024, answer due 5/17/2024. (Quezada Hastings, Sofia)

ATTORNEY Appearance for Defendants Red Ball, Wardrobe Inc. by Brian Swift

RESPONSE by Red Ball, Wardrobe Inc.in Opposition to MOTION by Plaintiff tinyBuild, LLC for preliminary injunction 18

(Declaration of Hongbo Huo)

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion to extend the temporary restraining order 14 is granted in part; the TRO now expires at 11:00 a.m. on 5/7/24, as to defendants Red Ball and Wardrobe Inc. Motion for preliminary injunction, excluding defendants Red Ball and Wardrobe Inc., 23 is granted (and renders the motion for temporary restraining order as to these defendants' moot). The plaintiff shall submit a proposed order on or before May 1, 2024. Preliminary injunction hearing concerning defendants Red Ball and Wardrobe Inc. set for 5/7/2024 at 9:45 a.m. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 5/1/2024. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: Preliminary Injunction hearing held. The plaintiff seeks a preliminary injunction against Defendants Red Ball and Wardrobe Inc. that keeps in place an asset freeze entered against the defendants in a temporary restraining order. The defendants object only to the scope of the asset freeze, arguing that a small portion of the $80,000 in frozen assets stem from alleged infringing sales. In support of their argument, the defendant filed a declaration stating that the frozen account includes proceeds totaling approximately $80 from five allegedly infringing sales. At the hearing, the plaintiff presented evidence received from a third party that places the number of allegedly infringing sales at 7 and the proceeds at approximately double the amount claimed in the defendants' declaration. According to the plaintiff, the complete asset freeze should remain in place because the defendants have not shown that all the frozen assets are not proceeds from infringing sales. The plaintiff cites Luxottica USA LLC v. The Partnerships & Unincorporated Associations Identified On Schedule "A", No. 14 C 9061, 2015 WL 3818622, at *5 (N.D. Ill. June 18, 2015) for this proposition, which explained, "[t]o exempt assets from an asset freeze, "[t]he burden is on the party seeking relief to present documentary proof that particular assets [are] not the proceeds of counterfeiting activities.'" The plaintiff further relies on the discrepancy between the defendants' declaration and the information obtained from the third party, which calls into question the accuracy of the defendants' data, and the absence of information accounting for the remaining sales comprising the frozen assets. But Luxottica was in a different posture. The district court had already entered a preliminary injunction and subsequently granted summary judgment in the plaintiff's favor. Importantly, the plaintiff in Luxottica had already established the scope of the asset restraint in what would have been an adversarial proceeding had a defendant opposed the preliminary injunction. Here, the plaintiffs received the asset restraint as part of a temporary restraining order. The defendants did not have an opportunity to challenge the asset restraint. They do now, and before any burden shifts to the defendants, the plaintiff must establish that it is entitled to the relief sought. They have not shown that they are entitled to a freeze on all of the proceeds in the defendants' account. The third-party information the plaintiff received covers more than twelve months of sales, and the number of alleged infringing sales during that period are the same order of magnitude as claimed in the defendants' declaration. In short, the allegedly infringing sales generated hundreds, perhaps thousands, of dollars in sales, not tens of thousands. This evidence shows that a restraint on all of the funds in the defendants' account is disproportionate to the allegedly infringing activity. The Court will set the asset restraint at $5,000. The plaintiff shall submit a revised proposed preliminary injunction order on or before May 8, 2024. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 5/9/2024. Mailed notice

NOTICE of Voluntary Dismissal by tinyBuild, LLC of bailixi0 and mr.curiosity.fuyuyu (Quezada Hastings, Sofia)

NOTICE of Voluntary Dismissal by tinyBuild, LLC of Pinkfad, Wardrobe Inc., BestCoser, Shenzhen East Yuan Ting trading Co., LTD, and Red Ball (Quezada Hastings, Sofia)

MINUTE entry before the Honorable Jeremy C. Daniel: Status report is due on or before 7/15/2024. Mailed notice

STATUS Report by tinyBuild, LLC (Quezada Hastings, Sofia)

NOTICE of Voluntary Dismissal by tinyBuild, LLC of tongka (Quezada Hastings, Sofia)

MOTION by Plaintiff tinyBuild, LLC for entry of default, MOTION by Plaintiff tinyBuild, LLC for default judgment as to Certain Defendants

(Exhibit Schedule A of Defaulted Defendants)(Quezada Hastings, Sofia)

MEMORANDUM by tinyBuild, LLC in support of motion for entry of default, motion for default judgment, 33

(Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia)

NOTICE of Motion by Sofia Quezada Hastings for presentment of motion for entry of default, motion for default judgment, 33 before Honorable Jeremy C. Daniel on 8/14/2024 at 09:30 AM. (Quezada Hastings, Sofia)

DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 8/14/2024. Motion hearing held. Plaintiff's motion for entry of default and default judgment 33 is granted. Civil case terminated. Mailed notice.

NOTICE of Voluntary Dismissal by tinyBuild, LLC of a Certain Defendant (Quezada Hastings, Sofia)

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff shall file a status report on or before February 24, 2025, that identifies any remaining defendants in the case. Mailed notice.

STATUS Report regarding Minute Entry 38 by tinyBuild, LLC (Quezada Hastings, Sofia)

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 3, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.