2024-cv-09401

COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 405, receipt number AILNDC-22556692.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.

Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Lucas Allen Peterson

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Teena Bohi regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 Parts 1-4 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

(Exhibit 3-4)

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for leave to file 3, motion for temporary restraining order 13 before Honorable Jeremy C. Daniel on 10/15/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The motion hearing set for 10/15/2024 is reset to 10/22/2024 at 9:30 a.m. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, and false designation of origin against 103 defendants. (R. 1 and R. 3.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Toyota Products in the same transaction, occurrence, or series of transactions or occurrences." (R. 1 Para. 25.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The October 22, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on October 30, 2024, at 9:30 a.m. Mailed notice.

Supplemental Memorandum In Response to 23 by Toyota Motor Sales, U.S.A., Inc.

DECLARATION of Justin R. Gaudio regarding other 24

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

(Exhibit 11)

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. For the reasons stated in open court, the rule to show cause is discharged. The Court takes the supplemental memorandum concerning joinder under advisement. Mailed notice.

ORDER. The complaint 1 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal 3 is granted. All other pending motions [13, 18] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/18/2024. Mailed notice.

AMENDED complaint by Toyota Motor Sales, U.S.A., Inc. against galaxydrives and the Individuals and Entities Operating galaxydrives and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Amended Schedule A regarding amended complaint, 28

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for discovery Expedited

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 31

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 32

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for discovery 30, motion for miscellaneous relief 31 before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM.

ORDER. Signed by the Honorable Jeremy C. Daniel on 11/26/2024. Motion hearing held. Plaintiff's motion for expedited discovery 30 and for electronic service of process 31 are granted. Mailed notice.

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

SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to galaxydrives and the Individuals and Entities Operating galaxydrives on 12/2/2024, answer due 12/23/2024.

Declaration of Lucas A. Peterson

(Exhibit A)

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to Defendants galaxydrives and the Individuals and Entities Operating galaxydrives

(Exhibit A)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment, 37

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 38

(Exhibit 1)

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for entry of default, motion for default judgment, 37 before Honorable Jeremy C. Daniel on 1/7/2025 at 09:30 AM.

(Exhibit A)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

FINAL JUDGMENT ORDER. Motion hearing held. Plaintiff's motion for entry of default and default judgment 37 is granted. Signed by the Honorable Jeremy C. Daniel on 1/7/2025. Civil case terminated. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 20, 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.