Sega Corporation et al v. The Partnerships and Unincorporated Associations Identified On Schedule A

案件号:2025-cv-25442起诉日期:2025/11/21原告:Sega Corporation et al

案件进展

59 条记录
#55

ORDER OF DISMISSAL. This action is DISMISSED WITH PREJUDICE, but only as between Plaintiffs and Defendant kailin. The Clerk is directed to TERMINATE kailin as a Defendant in this action. Signed by Judge Jacqueline Becerra on 4/27/2026. See attached document for full details.

原告撤诉/结案
#54

STIPULATION of Dismissal as to Defendant kailin by Sega Corporation, Sega of America, Inc.

#53

ORDER OF DISMISSAL AS TO CERTAIN DEFENDANT. This action is DISMISSED WITH PREJUDICE, but only as between Plaintiff and Defendant ChillWear (the "Dismissed Defendant"). The Clerk is directed to TERMINATE the Dismissed Defendant from this case re [52] Notice of Voluntary Dismissal. Signed by Judge Jacqueline Becerra on 4/13/2026. See attached document for full details.

#52

NOTICE of Voluntary Dismissal Under Rule 41(a)(a) by Sega Corporation, Sega of America, Inc. Attorney Laura Murray Reich added to party Sega Corporation (pty:pla), Attorney Laura Murray Reich added to party Sega of America, Inc.(pty:pla).

原告撤诉/结案
#51

ANSWER and Affirmative Defenses to Complaint by kailin.

#50

PAPERLESS ORDER SETTING ASIDE CLERK'S DEFAULT. THIS CAUSE comes before the Court on Defendant Kailin's Unopposed Motion to Set Aside Default and to Extend Time to Answer or Otherwise Respond to Complaint (the "Motion"). ECF No. 49. The Court "may set aside an entry of default for good cause[.]" Fed. R. Civ. P. 55(c). The Eleventh Circuit has adopted a non-exhaustive three-part test to determine if the defaulting party has demonstrated good cause: (1) "whether the default was culpable or willful," (2) "whether setting it aside would prejudice the adversary," and (3) "whether the defaulting party presents a meritorious defense." Compania Interamericana Exp.-Imp., S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996). A party seeking to vacate entry of a default must only offer a "bare minimum showing" that it is entitled to relief. Griffin IT Media, Inc. v. Intelligentz Corp., No. 07-80535, 2008 WL 162754, at *2 (S.D. Fla. Jan. 16, 2008) (quoting Jones v. Harrel, 858 F.2d 667, 669 (11th Cir. 1988)). Further, the Eleventh Circuit has signaled its clear preference for adjudicating disputes on the merits. See, e.g., Fla. Physicians Ins. Co., Inc. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993). Upon careful consideration of the Motion, the record, and the relevant legal authorities, the Court concludes that Defendant has established good cause to set aside the Clerk's default. Specifically, Defendant has demonstrated that its default was not willful, and it acted promptly to correct the default. Notably, Plaintiffs do not oppose vacating the entry of default and do not oppose granting Defendant an extension of time to respond to the Complaint. ECF No. 49 at 3. Given the foregoing, and in light of the "strong policy of determining cases on their merits," Ehlers, 8 F.3d at 783, it is hereby ORDERED AND ADJUDGED that Defendant's Unopposed Motion to Set Aside Default and to Extend Time to Answer or Otherwise Respond to Complaint, ECF No. 17, is GRANTED. The Clerk's default dated March 11, 2026, ECF No. 41, is VACATED as to Defendant Kailin. Defendant shall file its response to the Complaint by no later than Friday, April 10, 2026. Signed by Judge Jacqueline Becerra on 3/20/2026.

原告申请缺席判决
#49

Unopposed MOTION to Vacate [41] Clerk's Entry/Non-Entry of Default, by kailin. Responses due by 4/3/2026.

原告申请缺席判决
#0

Set Response/Answer Due Deadline: kailin response/answer due 4/10/2026. Per DE [50].

#0

Set Response/Answer Due Deadline: kailin response/answer due 4/10/2026. Per DE [50].

#48

MOTION for Court's Entry of Default pursuant to Federal Debt Collections Procedures Act (FDCPA) Title 28, U.S.C., Section 3205(6) as to All Defendants, MOTION for Default Judgment by Sega of America, Inc., Sega Corporation. Responses due by 4/2/2026.

原告申请缺席判决
#47

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing (the "Motion"), ECF No. 46. Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED as to Longhao Wang of the law firm of LW Legal LLC. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 3/19/2026.

#46

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Longhao Wang. Filing Fee $ 250.00 Receipt # AFLSDC-19330761 by kailin. Responses due by 4/2/2026.

#45

NOTICE of Attorney Appearance by Jianyin Liu on behalf of kailin. Attorney Jianyin Liu added to party kailin(pty:dft).

#44

ORDER OF DISMISSAL AS TO CERTAIN DEFENDANTS. This action isDISMISSED WITH PREJUDICE, but only as between Plaintiffs and the DismissedDefendants. The Clerk is directed to TERMINATE the Dismissed Defendants fromthis case. vl5zb42zp2bf (Defendant No. 85), dfjyrhffg (Defendant No. 129) and fdhbdfhnd (Defendant No. 68) re [43] Notice of Voluntary Dismissal. Signed by Judge Jacqueline Becerra on 3/13/2026. See attached document for full details.

#43

NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc.

原告撤诉/结案
#42

ORDER OF DISMISSAL AS TO CERTAIN DEFENDANT. This action is DISMISSED WITH PREJUDICE, but only as between Plaintiffs and the Dismissed Defendant. The Clerk is directed to TERMINATE the Dismissed Defendant from this case. Personality Fashion re [39] Notice of Voluntary Dismissal. Signed by Judge Jacqueline Becerra on 3/12/2026. See attached document for full details.

#0

Clerk's Entry/Non-Entry of Default - FORM

#41

Clerk's Entry of Default as to The Partnerships and Unincorporated Associations Identified On Schedule A - Motions Terminated: 40 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 3/12/2026.

原告申请缺席判决
#40

MOTION for Clerk's Entry of Default as to All Defendants by Sega Corporation, Sega of America, Inc. Responses due by 3/25/2026.

原告申请缺席判决
#39

NOTICE of Voluntary Dismissal Under Rule 41(a)(1) by Sega Corporation, Sega of America, Inc.

原告撤诉/结案
#38

NOTICE of Attorney Appearance by Clarissa A. Rodriguez on behalf of Sega Corporation, Sega of America, Inc. Attorney Clarissa A. Rodriguez added to party Sega Corporation (pty:pla), Attorney Clarissa A. Rodriguez added to party Sega of America, Inc.(pty:pla).

#37

ORDER OF DISMISSAL AS TO CERTAIN DEFENDANT. Defendant No. 5 K2HOARD is DISMISSED WITH PREJUDICE - Case remains open. Signed by Judge Jacqueline Becerra on 2/20/2026. See attached document for full details.

#36

NOTICE of Voluntary Dismissal as to a certain defendant by Sega Corporation, Sega of America, Inc.

#35

ORDER OF DISMISSAL AS TO CERTAIN DEFENDANTS. Defendants Durcoo and beyburst dismissed. Signed by Judge Jacqueline Becerra on 2/13/2026. See attached document for full details.

#34

NOTICE of Voluntary Dismissal as to certain Defendants by Sega Corporation, Sega of America, Inc.

#33

ORDER OF DISMISSAL AS TO CERTAIN DEFENDANT Party(ies) Defendant No. 52 goofyahhproduction-The Partnerships and Unincorporated Associations Identified On Schedule A - Case remains open. The Clerk is directed to TERMINATE the Dismissed Defendant from this case. (With Prejudice) Signed by Judge Jacqueline Becerra on 2/6/2026. See attached document for full details.

#32

NOTICE of Voluntary Dismissal as to a certain defendant by Sega Corporation, Sega of America, Inc.

#31

ORDER granting [21] Motion for Preliminary Injunction. Signed by Judge Jacqueline Becerra on 1/27/2026. See attached document for full details.

法院批准初步禁令
#30

NOTICE of Filing [Updated] Text of Proposed Order by Sega Corporation, Sega of America, Inc. re [21] MOTION for Preliminary Injunction

原告提交PI申请
#29

PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Preliminary Injunction Hearing held on 1/26/2026. **TIME CHANGE ONLY** Attorney Appearance(s): George Christian Sciarrino, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov.

#0

~Util - Terminate Hearings

#0

Miscellaneous Hearing

#0

Order

#27

CLERK'S NOTICE of Compliance re 25 Order.

#26

CERTIFICATE OF SERVICE by Sega Corporation, Sega of America, Inc.

#25

Order on Motion to Unseal Case

#24

ORDER SETTING PRELIMINARY INJUNCTION HEARING. Preliminary Hearing set for 1/26/2026 04:30 PM before Judge Jacqueline Becerra. Signed by Judge Jacqueline Becerra on 1/22/2026. See attached document for full details.

法院批准初步禁令
#0

Notice of Compliance

#22

MOTION to Unseal Case by Sega Corporation, Sega of America, Inc. Responses due by 2/3/2026.

#21

MOTION for Preliminary Injunction by Sega Corporation, Sega of America, Inc.

原告提交PI申请
#20

SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Sega Corporation, Sega of America, Inc. The Partnerships and Unincorporated Associations Identified On Schedule A served on 1/20/2026, response/answer due 2/10/2026.

#0

Order

#0

Order

#18

NOTICE of Inability to Comply by Sega Corporation, Sega of America, Inc.

#0

Order

#15

Corporate Disclosure Statement by Sega Corporation, Sega of America, Inc. identifying Corporate Parent Sega Sammy Holdings, Inc for Sega Corporation, Sega of America, Inc.

#0

Order

#10

Summons Issued as to The Partnerships and Unincorporated Associations Identified On Schedule A.

#9

NOTICE of Filing Proposed Summons(es) by Sega Corporation, Sega of America, Inc.

#0

Order

#7

ORDER granting [6] Motion to Seal. Signed by Judge Jacqueline Becerra on 12/1/2025. See attached document for full details.

#6

MOTION to Seal per Local Rule 5.4 by Sega Corporation, Sega of America, Inc.

#5

RESPONSE to [4] Order, by Sega Corporation, Sega of America, Inc.

#4

PAPERLESS ORDER REGARDING PROCEDURES IN SCHEDULE "A" CAUSES OF ACTION SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. Any motion for alternate service upon Defendants must state what methods Plaintiff has undertaken to effectuate service. A motion for alternate service will not be granted where a plaintiff does not provide evidence or affidavits to show what efforts Plaintiff has undertaken to determine whether the addresses it has on file for each Defendant are actually associated with each Defendant. See, e.g., Zuru (Singapore) Pte., Ltd. v. Individuals Identified on Schedule A Hereto, No. 22-2483, 2022 WL 14872617, at *2 (S.D.N.Y. Oct. 26, 2022) (finding alternative process under Rule 4(f)(3) proper where plaintiff "conducted further online research, sent mail to the addresses, and conducted in-person visits" to determine whether physical addresses provided by Amazon were accurate). Further, any motion for alternate service effectuated upon a foreign defendant pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure must detail: (1) the proposed method of service for each Defendant; (2) the domicile of each Defendant; (3) what reasonable efforts were undertaken to discover each Defendant's domicile; and (4) whether the form of alternate service requested is permitted by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents given each Defendant's domicile. MOTIONS FOR TEMPORARY RESTRAINING ORDER: Any motion for entry of temporary restraining order or for entry of preliminary injunction must include a verified certification from counsel detailing steps Plaintiff has taken to verify that this Court has personal jurisdiction over each Defendant. See Meier ex rel. Meier v. Sun Int'l Hotels, Ltd., 288 F.3d 1264, 1268-69 (11th Cir. 2002) ("The plaintiff has the burden of establishing a prima facie case of personal jurisdiction over a nonresident defendant."). Plaintiff must sufficiently allege this Court's jurisdiction over each Defendant pursuant to Florida Statutes § 48.193(1)(a)(1)-(2) and § 48.193(1)(a)(6), or, in the alternative, Rule 4(k) of the Federal Rules of Civil Procedure. Any motion for entry of temporary restraining order or for entry of preliminary injunction must include or incorporate allegations that show: "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest," and establish entitlement to relief with regard to each Defendant. Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995). Additionally, if a motion requests entry of a temporary restraining order without notice to the adverse party or parties, the motion must also plead "specific facts in an affidavit or a verified complaint" that "clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition," and the movant's attorney must certify "in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1). CERTIFICATION REGARDING PRIOR SUITS: Within FIVE (5) days of the date of this Order, counsel for Plaintiff shall file a verified response to this Order, which must include whether counsel has conducted a search of case filings in the records of the Clerk of the United States District Court for all districts to ascertain whether Defendants have ever been sued prior to the filing of this suit for any alleged violations of Plaintiff's intellectual property rights. If counsel did not conduct such a search prior to the filing of this lawsuit, counsel shall conduct that search prior to responding to this Order and indicate the results of that search in a verified response. If there has been a prior suit, counsel shall include in the verified response information about the present status of that litigation, if it is pending, and, if not pending, the nature of the disposition (e.g., settlement, dismissal, or other disposition), and a summary as to how the rights at issue in the instant suit differ from those in the previously filed suits. FILING UNDER SEAL AND/OR TO PROCEED ANONYMOUSLY: Motions to file documents under seal or to proceed anonymously or pseudonymously in these cases are disfavored by the Court. See Landmark Commc'ns, Inc. v. Virginia, 435 U.S. 829, 839 (1978) ("The operations of the courts and the judicial conduct of judges are matters of utmost public concern."); Chicago Trib. Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001) ("The common-law right of access to judicial proceedings, an essential component of our system of justice, is instrumental in securing the integrity of the process."); Doe v. Frank, 951 F.2d 320, 323 (11th Cir. 1992) ("It is the exceptional case in which a plaintiff may proceed under a fictitious name."). Accordingly, any such motions shall be denied with leave to refile only after all the requirements of this Order have been complied with and only once the exceptional circumstances required to grant such a motion have been shown. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/JB_RevisedTemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. Signed by Judge Jacqueline Becerra on 11/21/2025.

#3

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (AO Form, Complaint and Exhibits sent)

#2

Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

#1

COMPLAINT against The Partnerships and Unincorporated Associations Identified On Schedule A. Filing fees $ 405.00 receipt number AFLSDC-18978730, filed by Sega Corporation, Sega of America, Inc.

#0

- Order (PAPERLESS or pdf attached)

#0

Clerk's Notice of Judge Assignment and Optional Consent

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