Abc v. Def

ORDER TO SHOW CAUSE: THEREFORE, IT IS HEREBY ORDERED that Defendants shall appear on the 31st day of October, 2024, at 2 p.m., to show cause why an Order, pursuant to Federal Rules of Civil Procedure 64 and 65, the Copyright Act, 17 U.S.C. § 502, the Lanham Act, 15 U.S.C. § 1117, the Patent Act, 35 U.S.C. § 283, Cal. Civ. Code § 3422, and N.Y. C.P.L.R. § 6212, and the Court's equitable authority, should not be entered, pending resolution of this case or further order of this Court, granting Plaintiffs a preliminary injunction enjoining Defendants, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, in a manner substantially similar to the relief provided in the Temporary Restraining Order below. IT IS FURTHER ORDERED that Defendants' answering papers shall be filed and served upon Plaintiffs' counsel, by the 29th day of October, 2024, and Plaintiffs' reply papers, if any, shall be filed and served on Defendants by noon the 31st day of October, 2024. IT IS HEREBY ORDERED, in accordance with Rules 64 and 65 of the Federal Rules of Civil Procedure, the Copyright Act, 17 U.S.C. § 502, the Lanham Act, 15 U.S.C. § 1117, the Patent Act, 35 U.S.C. § 283, California Civil Procedure § 3422, N.Y. C.P.L.R. § 6212, and the Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted, that: Defendants, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them, are enjoined from, as further set forth herein. IT IS FURTHER ORDERED that this Temporary Restraining Order shall remain in effect until the date for hearing on the Order to Show Cause set forth above, or such further date as set by the Court. IT IS FURTHER ORDERED that Plaintiffs shall post security in the amount of $5,000.00 by corporate surety bond, cash, credit card, or a certified or attorney's check. IT IS FURTHER ORDERED that upon two (2) business days' written notice to the Court and Plaintiffs' counsel, any Defendant or restrained third party may appear and move for the dissolution or modification of the provisions of this Temporary Restraining Order upon an appropriate evidentiary showing. IT IS FURTHER ORDERED that after Plaintiffs' counsel has received confirmation regarding the funds restrained as directed herein and expedited discovery from same as described below, Plaintiffs shall serve copies of this Order, the Complaint, and Plaintiffs' ex parte application (together with all supporting declarations and other documents) on Defendants via the corresponding email addresses and/or online contact form or other means of electronic contact associated with their Online Storefronts, or by providing a copy of this Order by e-mail to the Third Party Provider hosting the Online Marketplace. Plaintiffs shall promptly file proof of such service. IT IS FURTHER ORDERED that restrained third parties and/or third parties from whom Plaintiffs seek expedited discovery as set forth in the Expedited Discovery Order shall not provide Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, with notice of this Ex Parte Order until Plaintiffs have notified such third parties that Defendants have been served with the Ex Parte Order. Within two days of serving Defendants with the Ex Parte Order, Plaintiffs shall notify third parties with whom they have provided notice of this Ex Parte Order and/or sought Expedited Discovery hereunder that service upon Defendants has been effected. IT IS HEREBY ORDERED that Plaintiffs' motion for leave to take expedited discovery prior to a Rule 26(f) conference is GRANTED. Plaintiffs may issue a Rule 45 subpoena to all Third-Party Providers seeking (i) the identity and location of the Defendants, including all known aliases, associated email addresses, and other contact information; (ii) the total funds restrained and all financial institution accounts or credit cards linked to Defendants' Accounts; and (iii) information concerning sales of any Infringing Products sold through Defendants' Online Storefronts. Subject to appropriate objections, the Third Party Providers shall produce responsive records within three days of service of the subpoena. SO ORDERED this 22nd day of October, 2024 at 1:45 p.m. (Signed by Judge P. Kevin Castel on 10/22/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.

ORDER: Please unseal miscellaneous case docket 24 MC 474 with the civil docket number: 24 Civ. 7926 (PKC). SO ORDERED. (Signed by Judge P. Kevin Castel on 11/18/2024)

***SELECTED PARTIES*** ORDER granting 1 Motion for Leave to File Case Under Seal. Cases sought to be filed under seal for which permission is granted must not be initiated electronically and must be submitted in the traditional manner, on paper. Please see Section 14.2 of the ECF Rules and Instructions. ECF RULES & INSTRUCTIONS The Clerk is directed to restrict access to this order to the selected party viewing level and close this case. (Signed by Judge Margaret M. Garnett on 10/17/2024)

***NOTICE TO COURT REGARDING MOTION FOR LEAVE TO FILE CASE UNDER SEAL. Document No. 1 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Leave to File Case Under Seal. was reviewed and approved as to form.

***NOTICE TO COURT REGARDING MOTION FOR LEAVE TO FILE CASE UNDER SEAL. Document No. [1] MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Leave to File Case Under Seal. was reviewed and approved as to form.

MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. This is a Part I Term Assignment matter.

***NOTICE TO COURT REGARDING MOTION FOR LEAVE TO FILE CASE UNDER SEAL. Document No. [1] MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Leave to File Case Under Seal. was reviewed and approved as to form.

MISCELLANEOUS CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. This is a Part I Term Assignment matter.

Case Designated ECF.

MISCELLANEOUS COVER SHEET filed.

***EX-PARTE*** MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION for Leave to File Case Under Seal.Document filed by ABC.