2024-cv-08409

COMPLAINT filed by Kendra Scott, LLC; Filing fee $ 405, receipt number AILNDC-22474805.

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Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Kendra Scott, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Kendra Scott, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kendra Scott, LLC

Notice of Claims Involving Trademarks by Kendra Scott, LLC

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Quinn Bradley Guillermo

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Luana Faria De Souza (Faria De Souza, Luana)

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (qrtr,)

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. (qrtr,)

AMENDED complaint by Kendra Scott, LLC against cheerest and the Individuals and Entities Operating cheerest and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

EXHIBIT by Plaintiff Kendra Scott, LLC Amended Schedule A regarding amended complaint, [11]

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 3 is granted. On or before 10/25/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 11/1/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice

MOTION by Plaintiff Kendra Scott, LLC for discovery Expedited

MOTION by Plaintiff Kendra Scott, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Kendra Scott, LLC in support of motion for miscellaneous relief[17]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for expedited discovery [16] and motion for electronic service of process [17] are granted. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants. The 11/1/24 tracking status hearing is stricken and re-set to 12/20/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

ORDER Signed by the Honorable Jeffrey I Cummings on 10/24/2024. Mailed notice

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Rachel S Miller

SUMMONS Issued as to Defendant cheerest and the Individuals and Entities Operating cheerest

STATUS Report Pursuant to 15 by Kendra Scott, LLC

MINUTE entry before the Honorable Jeffrey I Cummings: By 1/15/25, plaintiff shall file a status report on service and how it intends to proceed in this matter. The previously set 12/20/24 tracking status hearing is stricken and re-set to 1/31/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

STATUS Report per [24] by Kendra Scott, LLC

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's status report 25, which indicates that plaintiff has not yet received the defendant's e-mail address from third-party subpoena respondent DHgate. The Court sua sponte extends the deadline to effectuate service pursuant to Federal Rule of Civil Procedure 4(m) to 2/28/25. If defendant has not been served by 2/21/25, plaintiff shall file a status report on service on that date. The 1/31/25 tracking status hearing is stricken and re-set to 3/24/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

SUMMONS Returned Executed by Kendra Scott, LLC as to cheerest and the Individuals and Entities Operating cheerest on 1/31/2025, answer due 2/21/2025.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Hannah Alexa Abes

MINUTE entry before the Honorable Jeffrey I Cummings: By 3/26/25, plaintiff shall file a status report indicating how it intends to proceed in this matter. The 3/24/25 tracking status hearing is stricken and re-set to 4/14/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

NOTICE of Voluntary Dismissal by Kendra Scott, LLC as to Defendant cheerest (Faria De Souza, Luana)

MINUTE entry before the Honorable Jeffrey I Cummings:Plaintiff has filed a notice of voluntary dismissal [30], which is self-effectuating under Rule 41(a)(1)(A)(i). All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

MAILED trademark report with certified copy of minute order dated 3/21/25 to Patent Trademark Office, Alexandria VA