Denim Tears Llc. v. Eityral et al

ORDER granting 28 Motion to Withdraw as Attorney. SO ORDERED. Attorney Grace A. Rawlins terminated. (Signed by Judge Louis L. Stanton on 7/1/2025)

MOTION for Grace A. Rawlins to Withdraw as Attorney. Document filed by Denim Tears LLC.

NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Denim Tears, LLC ("Denim Tears" or "Plaintiff'), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant kokiyosa and NANfengTL in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. Kokiyosa and NANfengTL terminated. (Signed by Judge Louis L. Stanton on 3/13/2025)

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 26 Notice of Voluntary Dismissal, was reviewed and referred to Judge Louis L. Stanton for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [26] Notice of Voluntary Dismissal, was reviewed and referred to Judge Louis L. Stanton for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Kokiyosa, NANfengTL. Document filed by Denim Tears LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).

NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Denim Tears, LLC ("Denim Tears" or "Plaintiff"), by its undersigned attorneys, hereby gives notice of dismissal of all claims against Defendant my orders 2024 clearance sale in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED my orders 2024 clearance sale terminated. (Signed by Judge Louis L. Stanton on 2/3/2025)

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 24 Notice of Voluntary Dismissal, was reviewed and referred to Judge Louis L. Stanton for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) my orders 2024 clearance sale. Document filed by Denim Tears LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).

CERTIFICATE OF SERVICE. Document filed by Denim Tears LLC.

CERTIFICATE OF SERVICE. Eityral served on 12/4/2024, answer due 12/26/2024; Festberg served on 12/4/2024, answer due 12/26/2024; Kokiyosa served on 12/4/2024, answer due 12/26/2024; Lightning deals of today prime RZQUH served on 12/4/2024, answer due 12/26/2024; NANfengTL served on 12/4/2024, answer due 12/26/2024; miey210 served on 12/4/2024, answer due 12/26/2024; my orders 2024 clearance sale served on 12/4/2024, answer due 12/26/2024; xuhaiyang6188 served on 12/4/2024, answer due 12/26/2024; zhengzhouhuikexinxikejiyouxiangongsi served on 12/4/2024, answer due 12/26/2024; zxff shop served on 12/4/2024, answer due 12/26/2024. Document filed by Denim Tears LLC.

PRELIMINARY INJUNCTION ORDERThe injunctive relief previously granted in the TRO shall remain in place through thependency of this action, and issuing this Order is warranted under Federal Rule of CivilProcedure 65 and Section 34 of the Lanham Act.a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any ofthe following acts or omissions pending the final hearing and determination of thisaction or until further order of the Court.The $30,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. (And as further set forth herein.) SO ORDERED. Granted. No Opposition. (Signed by Judge Louis L. Stanton on 12/10/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.

ENDORSED LETTER addressed to Judge Louis L. Stanton from Gabriela N. Nastasi dated 12/3/2024 re: requests Court reschedule time of the hearing. ENDORSEMENT: The time of the conference on Friday Dec. 6, 2024 is changed to 3:30 p.m., (Show Cause Hearing set for 12/6/2024 at 03:30 PM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 12/3/2024)

TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING DEFENDANTS' MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this order, and for such further period as may be provided by order of the Court: as further set forth in this Order. Defendants are hereby ORDERED to show cause before this Court in Courtroom 21C of the United States District Court for the Southern District of New York at 500 Pearl Street/40 Foley Square, New York, New York on December 6, 2024 at 2:30 p.m. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with the Court and served on Plaintiffs counsel by delivering copies thereof to the office of Epstein Drangel LLP at 60 East 42 Street, Suite 1250, New York, NY 10165, Attn: Jason M. Drangel on or before December 9, 2024. Plaintiff shall file any Reply papers on or before December 12th, 2024. VI. Security Bond IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of- Thirty Thousand Dollars (30,000) with the Court which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHER ORDERED that Plaintiffs Complaint and exhibits attached thereto, and Plaintiffs ex parte Application and the Declarations of Kevin Herring and Gabriela N. Nastasi in support thereof and exhibits attached thereto, and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C), III(A) and V(C) of this Order. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 5 *** (Signed by Judge Louis L. Stanton on 11/25/2024) (js) Modified on 12/9/2024

PROPOSED ORDER TO EXCEED PAGE LIMIT: ***This document was previously filed under seal in envelope 3 and unsealed by docket entry 5 ***.(js) Proposed Order to be reviewed by Clerk's Office staff.

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

PROPOSED TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING DEFENDANTS' MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

DECLARATION OF KEVIN HERRING AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: TEMPORARY RESTRAINING ORDER; AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED ALTERNATIVE SERVICE AND ORDER AUTHORIZING EXPEDITED DISCOVERY

DECLARATION OF GABRIELA N. NASTASI AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: TEMPORARY RESTRAINING ORDER; AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND ORDER AUTHORIZING EXPEDITED DISCOVERY

MOTION TO EXCEED PAGE LIMIT OF PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S APPLICATION: ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Denim Tears LLC. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

SUMMONS ISSUED: as to Eityral, Festberg, Kokiyosa, Lightning deals of today prime RZQUH, NANfengTL, miey210, my orders 2024 clearance sale, xuhaiyang6188, zhengzhouhuikexinxikejiyouxiangongsi, zxff shop. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

COMPLAINT:

CIVIL COVER SHEET filed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 ***.

ORDER TEMPORARILY SEALING FILE: it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action, including, but not limited to, Plaintiffs Complaint and exhibits attached thereto and Plaintiffs ex parte application for: a temporary restraining order; an order restraining Merchant Storefronts and Defendants' Assets with the Financial Institutions; an order to show cause why a preliminary injunction should not issue; an order authorizing bifurcated and alternative service; and an order authorizing expedited discovery and the supporting declarations of Kevin Herring and Gabriela N. Nastasi and exhibits attached thereto under seal until further order by the Court. The Clerk of the Court is directed to restrict access to this Order to the selected party viewing level. The Clerk of the Court is directed to close this miscellaneous matter. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 5 *** (Signed by Judge Victor Marrero on 11/21/2024)

UNSEALING ORDER: WHEREAS the Court orders that this Action be unsealed, and Records Management upload all documents filed to date on the Electronic Case Filing system. So Ordered. (Signed by Judge Louis L. Stanton on 12/6/2024)

Minute Entry for proceedings held before Judge Louis L. Stanton: Status conference held with plaintiffs counsel only. Defendant did not appear. Held on 12/6/2024. (Court Reporter Sharonda Jones)

SEALED DOCUMENT placed in vault.

SEALED DOCUMENT placed in vault.

SEALED DOCUMENT placed in vault.

***Sealed*** ORDER, Case sealed. (Signed by Judge Victor Marrero on 11/21/2024)

Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.