2024-cv-04006

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21972519.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson

MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Toho Co., Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 11

Declaration Ueda Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 1 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 2 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 3 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 4 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 5 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 6 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 7 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 8 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 9 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 10 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 11 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 12 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 13 of Ueda Declaration

Notice of Claims Involving Trademarks by Toho Co., Ltd.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED Copyright report to Registrar, Washington DC

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 7 and motion to file excess pages 10 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 6/3/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. Any motion for preliminary injunction or motion to extend the TRO is to be filed by 5/29/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 5/20/2024.

MINUTE entry before the Honorable Matthew F. Kennelly: The sealed ex parte temporary restraining order entered on 5/27/2024 is hereby extended at the Court's instance through 6/17/2024. The preliminary injunction hearing set for 6/3/2024 is vacated and reset to 6/14/2024 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. Motion for preliminary injunction must be filed by 6/11/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 246

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 249

ATTORNEY Appearance for Plaintiff fun fun hobby japan by Cory Jay Rosenbaum

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-57, 59-70, 72-78, 80-235, 240, 242, 244, 247 and 252-266

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[36]

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[36]

ATTORNEY Appearance for Plaintiff fun fun hobby japan by Leslie Rafalli Gillis

MOTION by Plaintiff fun fun hobby japanto dissolve tro, prevent preliminary injunction

Declaration in support

MOTION by Plaintiff fun fun hobby japan to sever for misjoinder

SURETY BOND in the amount of $ 10,000.00 posted by Toho Co., Ltd. (Document not imaged) (Received at the Intake Counter on 06/11/2024.)

SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/11/2024, answer due 7/2/2024.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic preliminary injunction hearing set for 9:05 AM on 6/14/2024 is movmed to 9:15 AM on that same date. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33.

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE by fun fun hobby japan re MOTION by Plaintiff fun fun hobby japanto dissolve tro, prevent preliminary injunction [40] of supplemental declaration in support thereof

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ATTORNEY Appearance for Defendant HobbyLink Japan Ltd. by Phillip Barengolts

ATTORNEY Appearance for Defendant HobbyLink Japan Ltd. by Thad Chaloemtiarana

ATTORNEY Appearance for Defendant HobbyLink Japan Ltd. by Jacquelyn Rose Prom

ATTORNEY Appearance for Defendant HobbyLink Japan Ltd. by Daniel Sullivan Hess

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 6/14/2024. Defendant Hokkorikoaradou LLC's motion to sever for misjoinder 41 is denied for the reasons stated on the record. Plaintiff's response to the preliminary injunction regarding defendant Hokkorikoaradou LLC is due 6/21/2024. The temporary restraining order as to defendant Hokkorikoaradou LLC is extended to 6/26/2024. An in-person preliminary injunction hearing as to defendant Hokkorikoaradou LLC is set for 6/26/2024 at 9:30 a.m. The hearing will be held in Courtroom 2103. Response to the motion for preliminary injunction by defendant Hobbylink Japan Ltd. is due 7/5/2024; plaintiff's reply is due 7/15/2024. In person preliminary injunction is set for 7/22/2024 at 9:45 a.m. TRO to Hobbylink Japan Ltd. is extended to 7/22/2024. Plaintiff's motion for preliminary injunction 36 is granted as to the remaining defendants who are the subject of the motion. Enter Preliminary Injunction Order as to Certain Defendants. The Clerk is directed to unseal the file. Mailed notice.

PRELIMINARY INJUNCTION ORDER AS TO CERTAIN DEFENDANTS: Signed by the Honorable Matthew F. Kennelly on 6/14/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Dissolve the Temporary Restraining Order and in Opposition to Entry of a Preliminary Injunction [Dkt. No. 40]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for a two-day extension of time [60] to response to the motion to dissolve is granted; response due date is reset to 6/25/2024. The Court declines plaintiff's request to vacate or reset the 6/26/2024 in person hearing date.

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 21 "Fun Fun Hobby Japan!"

Letter by fun fun hobby japan re: dismissal and hearing set for 6/26

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: In person preliminary injunction hearing held on 6/26/2024. Plaintiff's counsel reported that all defendants are either covered by the preliminary injunction or have been dismissed. The preliminary injunction hearing set for 7/22/2024 is vacated. The case is set for a telephonic status hearing on 9/6/2024 at 9:00 a.m. The deadline to file a motion for default judgment is 8/30/2024. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

PRO SE Appearance by Defendant Revel Shore LLC. (Received via pro se email on 7/2/2024)

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 107

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 179

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A

Exhibit A

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[71]

Exhibit 1

Exhibit 2

DECLARATION of Michael A. Hierl regarding motion for default judgment[71]

Exhibit Hierl Exhibit 1

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for default judgment 71 is granted. Final Default Judgment Order to follow. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 8/30/2024. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment