2024-cv-04152

COMPLAINT filed by SHENZHEN JISU TECHNOLOGY CO., LTD; Jury Demand. Filing fee $ 405, receipt number AILNDC-21986010.

Exhibit A-1, A-2, & A-3 (Public Version)

Exhibit B (Public Version)

Exhibit C-1, C-2, & C-3 (Public Version)

Schedule A (Public Version)

(Civil Cover Sheet)

SEALED DOCUMENT by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD

Exhibit A-1 (Sealed)

Exhibit A-2 (Sealed)

Exhibit A-3 (Sealed)

Exhibit B (Sealed)

Exhibit C-1 (Sealed)

Exhibit C-2 (Sealed)

Exhibit C-3 (Sealed)

(Schedule A (Sealed))

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD to seal document sealed document, 2

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1).

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.

SEALED MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD for Entry of Sealed Temporary Restraining Order

Memorandum in Support

(Exhibit A - Decl. Norman Xie)

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD to seal document SEALED MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD for Entry of Sealed Temporary Restraining Order 4

NOTICE of Motion by Stevenson Moore for presentment of Sealed motion 4, motion to seal document 5 before Honorable Sara L. Ellis on 6/20/2024 at 01:45 PM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal 3, 5 and for entry of a temporary restraining order 4. The Court sets a status date for 7/3/2024 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sara L. Ellis on 6/20/2024

ATTORNEY Appearance for Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD by Nicholas Edward Najera

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD to Extend the Sealed TRO

(Declaration)

NOTICE of Motion by Nicholas Edward Najera for presentment of motion for miscellaneous relief 10 before Honorable Sara L. Ellis on 7/3/2024 at 09:45 AM.

SUMMONS Issued as to Defendant THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A.

MINUTE entry before the Honorable Sara L. Ellis:The Court grants Plaintiff's motion for extension of the temporary restraining order 10. The Court extends the temporary restraining order through 7/18/2024. The Court strikes the status date set for 7/3/2024 and resets it to 7/18/2024 at 1:45 PM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD for preliminary injunction

Memorandum in Support

(Exhibit 1 - Declaration of Nicholas Najera)

NOTICE of Motion by Stevenson Moore for presentment of motion for preliminary injunction 13 before Honorable Sara L. Ellis on 7/18/2024 at 01:45 PM.

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD as to Defendant Jrisbo Direct

Money order BOND in the amount of $ 1000.00 Rcpt. No: 100008647 posted by SHENZHEN JISU TECHNOLOGY CO., LTD

ATTORNEY Appearance for Defendant Shenzhen Willsea E-Commerce Co. Limited by Nicholas Anthony Kurk

ATTORNEY Appearance for Defendant Shenzhen Willsea E-Commerce Co. Limited by Stephen J. Rosenfeld

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD as to Defendant BKX-Store

MOTION by Defendant Shenzhen Willsea E-Commerce Co. Limited to set a briefing schedule for Defendant No. 26 SLENPET on Plaintiff's Motion for Preliminary Injunction, MOTION by Defendant Shenzhen Willsea E-Commerce Co. Limited to continue preliminary injunction hearing as to Defendant No. 26 SLENPET

Defendant No. 26 Slenpet's NOTICE of Motion by Nicholas Anthony Kurk for presentment of motion by filer to set a briefing schedule, motion to continue, 19 before Honorable Sara L. Ellis on 7/18/2024 at 01:45 PM.

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 7/18/2024. Plaintiff's motion for preliminary injunction 13 is granted as to all Defendants except Defendant No. 26 SLENPET. The Court sets the following briefing schedule on Plaintiff's motion for preliminary injunction as to Defendant No. 26 SLENPET: Defendant No. 26 SLENPET's response is due by 8/1/2024 and Plaintiff's reply is due by 8/8/2024. The Court sets a telephonic status hearing is set for 8/29/2024 at 1:30 PM. The parties should file a status report by 8/26/2024 updating the Court as to Defendant No. 26. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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.

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendants Amaiton and HELLOLAND-US

ATTORNEY Appearance for Defendant Shenzhen Willsea E-Commerce Co. Limited by Gang Ye

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendant Smocu Official Store

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendant AiWeiDianZi

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendant Babbage bad

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendant Aeergured US

RESPONSE by Defendant Shenzhen Willsea E-Commerce Co. Limited to Plaintiff's Motion for Preliminary Injunction 13 and MOTION by Defendant to vacate TRO and increase Bond

Exhibit A - Amazon listing

(Exhibit B - Hu Declaration)

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendant Shewind

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendants Lingwu and Flaniya

REPLY by SHENZHEN JISU TECHNOLOGY CO., LTD to Response, 28

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendants LIYYUN, YYTBD, hailanmeizhen sport shop, LIGHTLUX US STORE, and Junyu Electronic

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendants Yuyier, KKcool, Junshengmy, and US-LXY

MINUTE entry before the Honorable Sara L. Ellis:The telephonic ruling date set for 8/29/2024 is stricken and reset to 9/18/2024 at 9:30 AM. Mailed notice

STATUS Report by SHENZHEN JISU TECHNOLOGY CO., LTD

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendant Right Well

MINUTE entry before the Honorable Sara L. Ellis: The telephonic ruling date set for 9/18/2024 is stricken and reset to 10/2/2024 at 9:30 AM. Mailed notice

MINUTE entry before the Honorable Sara L. Ellis: The Court grants in part Defendant SLENPET's motion to modify the temporary restraining order bond amount 28. A "court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Fed. R. Civ. P. 65(c). "The appropriate amount of the bond is subject to the court's discretion." Monster Energy Co. v. Wensheng, 136 F. Supp. 3d 897, 910 (N.D. Ill. 2015). "[W]hen setting the amount of security, district courts should err on the high side." Mead Johnson & Co. v. Abbott Lab'ys, 201 F.3d 883, 888 (7th Cir. 2000). In this case, the Court initially required a $1,000 bond. Having reviewed Plaintiff's and SLENPET's arguments concerning the proper bond amount, the Court finds it appropriate to increase the bond amount in this case to $370,000, which takes into account the number of defendants Plaintiff initially sued and the potential damages they may have incurred under the temporary restraining order in this case. The Court thus orders Plaintiff to deposit with the Court an additional $369,000, either cash or security bond, as security within seven (7) calendar days of this order. Status date set for 10/2/2024 at 9:30 a.m. on Plaintiff's motion for a preliminary injunction against SLENPET 13 and SLENPET's motion for damages 28 to stand. Mailed notice

OPINION AND ORDER. The Court denies Jisu's motion for a preliminary injunction against SLENPET 13 without prejudice. The Court dissolves the TRO against SLENPET. The Court denies SLENPET's motion for damages 19 without prejudice. Signed by the Honorable Sara L. Ellis on 10/1/2024. Mailed notice

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 10/2/2024. Plaintiff reports that there are 13 remaining defendants. Plaintiff's oral motion for additional time to post bond by 10/11/2024 is granted. Telephone Conference set for 10/31/2024 at 1:45 PM for entry of default and default judgment and settlement with Defendant Slenpet. Mailed notice

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD to stay pending settlement

NOTICE of Motion by Nicholas Edward Najera for presentment of motion to stay 41 before Honorable Sara L. Ellis on 10/17/2024 at 01:45 PM.

NOTICE of Voluntary Dismissal by SHENZHEN JISU TECHNOLOGY CO., LTD of Defendants Gorbiller, ZZCP Direct US, KinYiLO, AIBIX, Dtosbv, Geolinca, HWYC_Azon, Mebemporiums, River K, Trutru, Vial-Gong, YeFungHe, Yibin Shugang Metal Products Co., Ltd, YiLin-Commerce, and Zwang

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion to stay 41 and stays this matter pending settlement. The Court strikes the telephonic status date set for 10/31/2024 and resets it to 11/20/2024 at 9:30 AM. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Mailed notice

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 11/20/2024. Plaintiff appears for status hearing and reports to the Court that the parties are continuing to negotiate the settlement. Stay continues to next status date. Telephone Conference set for 12/19/2024 at 1:30 PM. If stipulation of dismissal is filed prior to status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

STIPULATION of Dismissal

MINUTE entry before the Honorable Sara L. Ellis: Pursuant to the parties' stipulation of dismissal 47, the Court dismisses this matter with prejudice and with each party to bear its costs and fees. Case terminated. Mailed notice.

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD for release of bond obligation

NOTICE of Motion by Stevenson Moore for presentment of motion for release of bond obligation[49] before Honorable Sara L. Ellis on 1/28/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for release of bond obligation 49. The Court instructs the Clerk of Court to release to the bond posted in this matter to Plaintiff. Emailed notice

ORDER: The one-thousand-dollar ($1,000.00 USD) bond posted by Plaintiff, including any interest earned, is hereby released to Plaintiff's counsel: Ni, Wang & Massand, PLLC. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Ni, Wang & Massand, PLLC 8140 Walnut Hill Lane, Suite 615 Dallas, Texas 75231 Signed by the Honorable Sara L. Ellis on 2/18/2025: Mailed notice