Chubby Gorilla, Inc. v. ZXP Co., Ltd.

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 5/15/2025. Motions to withdraw as attorney 46 51 are granted. Attorney Liping Peng and Vani Vedam are withdrawn as counsel. Defendants ordered to have new counsel file an appearance by 6/6/2025. Telephone Conference set for 6/12/2025 at 1:45 PM for default judgment. 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: Status hearing set for 5/14/2025 is stricken. Emailed notice

MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held and continued to 5/15/2025 at 1:45 p.m. The Court enters and continues Defendant's counsel's motion for leave to withdraw [50] to the next status date. Defense counsel must provide notice to Defendant of the hearing and dial-in information. 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. Mailed notice

MOTION by Attorney Vani Vedam to withdraw as attorney for ZXP Co., Ltd. New address information: Hong Gang; Tiantian Fortune Mansion 2-2-1301 Jiaojiang District, Taizhou City, Zhejiang Province

Motion to Withdraw as Counsel of Record NOTICE of Motion by Vani Vedam for presentment of before Honorable Sara L. Ellis on 5/8/2025 at 01:45 PM.

STATUS Report by Chubby Gorilla, Inc.

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing on 5/8/2025 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. Mailed notice

NOTICE of Motion by Liping Peng for presentment of motion to withdraw as attorney 46 before Honorable Sara L. Ellis on 5/8/2025 at 01:45 PM.

MOTION by Attorney Liping Peng to withdraw as attorney for ZXP Co., Ltd. No party information provided

PRELIMINARY INJUNCTION ORDER signed by the Honorable Sara L. Ellis on 4/29/2025. Mailed notice

ORDER: The Court denies Defendant's motion to vacate the temporary restraining order and dismiss the case [24]. The Court grants Plaintiff's motion for preliminary injunction [26]. The Court strikes the status hearing set for 4/30/2025 and resets it to 5/14/2025 at 9:30 AM. The parties should file the initial joint status report by 5/7/2025. Signed by the Honorable Sara L. Ellis on 4/28/2025. Mailed notice

ORDER: The Court orders the Clerk to unseal Exhibits 1 and 8-11 to the Complaint [ 4 -1 to 4 -4, 4 -9 to 4 -12], the Declaration of Marko R. Zoretic [ 12 -1], the Declaration of Eyad Aboabdo [ 12 -3], Exhibit 18 to the Declaration of Eyad Aboabdo [ 12 -25], and the Temporary Restraining Order 16. Signed by the Honorable Sara L. Ellis on 4/24/2025. Mailed notice

REPLY by Chubby Gorilla, Inc. to response in opposition to motion 35 and in Support of Plaintiff's Motion for Preliminary Injunction

RESPONSE by Chubby Gorilla, Inc.in Opposition to MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by ZXP Co., Ltd. Motion to Vacate TRO and Motion to Dismiss and Memo in Support Thereof 24

MINUTE entry before the Honorable Sara L. Ellis: Telephonic motion hearing held on 3/11/2025. Motion to withdraw as attorney 36 is granted. The appearance of Marko R. Zorectic and Knobbe Martens LLP is withdrawn as counsel for Plaintiff. Briefing schedule on Defendant's motions to vacate the TRO and dismiss: Plaintiff's response is due by 3/25/2025; Defendant's reply is due by 4/1/2025. Briefing schedule on Plaintiff's motion for preliminary injunction: Plaintiff's reply is due by 3/25/2025. The Court extends temporary restraining order through 4/30/2025. Next status date set for 4/30/2025 at 9:45 am for hearing on motions. The parties should appear in person. Emailed notice

MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held. The Court orders the parties to meet and confer regarding the motions to vacate the TRO and dismiss [24] and for entry of a preliminary injunction [26]. The Court enters and continues these motions [24] [26] to the next status hearing set for 3/11/2025 at 9:30 AM. The Court orders Defendant to authenticate the translations provided to the Court and Plaintiff and Defendant's declaration by 3/10/2025. If the parties file a stipulation of dismissal prior to the next status hearing, 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. Mailed notice.

DECLARATION of Xianhua Wu regarding response in opposition to motion 35, motion to vacate/set aside/correct sentence (2255), 24

NOTICE of Motion by Marko Romeo Zoretic for presentment of motion to withdraw as attorney 36 before Honorable Sara L. Ellis on 3/11/2025 at 09:45 AM.

MOTION by Attorney Marko R. Zoretic to withdraw as attorney for Chubby Gorilla, Inc. No party information provided

RESPONSE by ZXP Co., Ltd.in Opposition to MOTION by Plaintiff Chubby Gorilla, Inc. for preliminary injunction [26]

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 2/20/2025 and resets it to 3/4/2025 at 9:30 AM. The Court enters and continues the motions to vacate the TRO and dismiss 24 and for entry of a preliminary injunction 26 to the next status date. Attorneys/Parties should appear for the hearing by calling the TollFree Number: (650) 4793207, 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 tollfree 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

NOTICE by ZXP Co., Ltd. re MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by ZXP Co., Ltd. Motion to Vacate TRO and Motion to Dismiss and Memo in Support Thereof[24] Filing of Certified English Translation and Defendant Declaration

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 2/18/2025. Motion to vacate TRO and to dismiss [24], and motion for preliminary injunction [26] are entered and continued to 2/20/2025 at 1:45 PM. Attorneys/Parties should appear for the hearing by calling the TollFree Number: (650) 4793207, 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 callin 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 tollfree 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 courtissued media credentials, restricted entry to future hearings, denial ofentry to future hearings, or any other sanctions deemed necessary by the Court.Emailed notice

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Brian P O'Donnell (O'Donnell, Brian)

MINUTE entry before the Honorable Sara L. Ellis: Telephonic status hearing held on 2/13/2025. Counsel for plaintiff was not present on the call. Plaintiff's motion for preliminary injunction is entered and continued to 2/18/2025 at 9:45 AM. 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. Mailed notice.

ATTORNEY Appearance for Defendant ZXP Co., Ltd. by Vani Vedam

ATTORNEY Appearance for Defendant ZXP Co., Ltd. by Zhihui Guo

MEMORANDUM by Chubby Gorilla, Inc. in support of motion for preliminary injunction[26]

MOTION by Plaintiff Chubby Gorilla, Inc. for preliminary injunction

NOTICE of Motion by Liping Peng for presentment of motion to vacate/set aside/correct sentence (2255), [24] before Honorable Sara L. Ellis on 2/18/2025 at 09:45 AM.

MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by ZXP Co., Ltd. Motion to Vacate TRO and Motion to Dismiss and Memo in Support Thereof

SUMMONS Issued (Court Participant) as to Defendant ZXP Co., Ltd.

SUMMONS Submitted (Court Participant) for defendant(s) ZXP Co., Ltd. by Plaintiff Chubby Gorilla, Inc.

ATTORNEY Appearance for Defendant ZXP Co., Ltd. by Liping Peng

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order 18. The Court extends the temporary restraining order through 2/13/2025. Should Plaintiff need a further extension beyond that date, it should file a motion. The Court strikes the status date set for 2/4/2025 and resets it to 2/13/2025 at 1:45 PM. Plaintiff should file any motion for preliminary injunction and notice the motion for presentment at the next status date. 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

NOTICE of Motion by James Edward Judge for presentment of motion for miscellaneous relief 18 before Honorable Sara L. Ellis on 2/4/2025 at 09:45 AM.

MOTION by Plaintiff Chubby Gorilla, Inc. for Extension of Temporary Restraining Order

cash BOND in the amount of $ 10000 posted Rcpt. No: 100015560 by Chubby Gorilla, Inc.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sara L. Ellis on 1/16/2025.

ORDER: Having reviewed the documents filed by Plaintiff under seal and finding no basis to seal certain documents, the Court orders the Clerk to unseal Docket Nos. 4, [4-5 to 4-8], 12, [12-2], [12-4 to 12-24]. Signed by the Honorable Sara L. Ellis on 1/16/2025: Mailed notice

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal 3, for leave to file excess pages 11, and for entry of a temporary restraining order 12. The Court sets a status date for 2/4/2025 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: (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

NOTICE of Motion by James Edward Judge for presentment of Sealed motion, 12, motion for leave to file 3, motion for leave to file excess pages 11 before Honorable Sara L. Ellis on 1/16/2025 at 01:45 PM.

SEALED MOTION by Plaintiff Chubby Gorilla, Inc. for Entry of a Temporary Restraining Order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service

MOTION by Plaintiff Chubby Gorilla, Inc. for leave to file excess pages

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Ying Chen

MINUTE entry before the Honorable Sara L. Ellis: FINDING OF RELATEDNESS PURSUANT TO LOCAL RULE 40.4: In accordance with the provisions of Local Rule 40.4 of this Court, I find the above captioned case, presently pending on the calendar of Judge Matthew F. Kennelly to be related to 24-cv13000 which is pending on my calendar. Accordingly, I request that the Executive Committee order said case to be reassigned to my calendar as a related case. Mailed notice

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Marko Romeo Zoretic

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.

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Zareefa Burki Flener

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by James Edward Judge

SEALED DOCUMENT by Plaintiff Chubby Gorilla, Inc. Unredacted Complaint

MOTION by Plaintiff Chubby Gorilla, Inc. for leave to file Documents Under Seal

CIVIL Cover Sheet

COMPLAINT filed by Chubby Gorilla, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22860426.

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.

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1).