Overnight Blowout, LLC et al v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A
最近更新时间：2025-07-18
案件信息
案件号：nysd-1:2025-cv-01790
状态：open
提交时间：2025-06-12 00:00:00
诉讼类型：
律所：
原告：Overnight Blowout, LLC et al v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A
| # | 日期 | 案件进程 |
| 86 | 2025-06-12 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 47 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 85 | 2025-06-12 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [47] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 84 | 2025-06-11 | 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, against the defendant(s) Shenzhen Xiao Lai Xi Technology Co., Ltd. d/b/a Beauty-beauty, Unknown Entity d/b/a xinxinpeishi. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 83 | 2025-05-29 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 46 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 82 | 2025-05-29 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [46] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 81 | 2025-05-28 | 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, against the defendant(s) Unknown Entity d/b/a HAOBANGSHOU, Unknown Entity d/b/a Shenchaobaiqian, Shenzhen Longgang Jiedi Hair Tools Firm. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 80 | 2025-05-15 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 45 Notice of Voluntary Dismissal was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 79 | 2025-05-15 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [45] Notice of Voluntary Dismissal was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 78 | 2025-05-14 | 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, against the defendant(s) Unknown Entity d/b/a miaomiao0-0, Unknown Entity d/b/a ZJ, Unknown Entity d/b/a Qimeisi hair, Shenzhen Atelaisi Industrial Co., Ltd. d/b.a AiOiKi. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 77 | 2025-05-06 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 44 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 76 | 2025-05-06 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [44] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 75 | 2025-05-05 | 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, against the defendant(s) Xuchang Danrun Trading Co., Ltd. d/b/a LBNZT, Unknown Entity d/b/a Reylinx Store, Shenzhen Maiwode Technology Co., Ltd. d/b/a TONVVD. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 74 | 2025-04-25 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 43 Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 73 | 2025-04-25 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [43] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 72 | 2025-04-24 | 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, against the defendant(s) Unknown Entity d/b/a xing kong chuang, Hui Zhao d/b/a FYeang, Unknown Entity d/b/a Gojuhanlin-US, Shenzhen Xunjia Technilogy Co., Ltd. d/b/a Kufun. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 71 | 2025-04-23 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [40] Notice of Voluntary Dismissal, was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 70 | 2025-04-22 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/2/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. |
| 69 | 2025-04-22 | TRANSCRIPT of Proceedings re: CONFERENCE held on 4/2/2025 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2025. Redacted Transcript Deadline set for 5/23/2025. Release of Transcript Restriction set for 7/21/2025. |
| 68 | 2025-04-22 | 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, against the defendant(s) Wuhan Baikai Biotechnology Co., Ltd. d/b/a Rishining Beauty, Unknown Entity d/b/a Gzqingchunkeji, Liu Yue d/b/a TOFAFA HAIR, Shanghai Mutun International Trade Co., Ltd. d/b/a Laksmi-US, Unknown Entity d/b/a YUYAN NAIL, Unknown Entity d/b/a M&J Fashion, Unknown Entity d/b/a SHBENTENG, Unknown Entity d/b/a YUAN JUN LIN, Zhuhai Yizhiyang Trade Co., Ltd. d/b/a Zychan, Shanghai Aodawoke E-commerce Co. Ltd. d/b/a ZHWA, Shenzhen Xuedian Technology Co., Ltd. d/b/a AIDUCHO. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 67 | 2025-04-21 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [39] Notice of Voluntary Dismissal was reviewed and referred to Judge Jennifer H. Rearden 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. |
| 66 | 2025-04-18 | 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, without prejudice against the defendant(s) Shenzhen Aiksente Electronic Technology Co., Ltd. d/b/a Ai ke sen, Sheng Zhou d/b/a BLINKEEN, Unknown Entity d/b/a Gohujanlin, Unknown Entity d/b/a haisongstore, Unknown Entity d/b/a nagogaga. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 65 | 2025-04-15 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Leo Lichtman. RE-FILE Document No. [38] Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): The parties that are being dismissed are not listed as parties on the case and need to be added to the docket. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. |
| 64 | 2025-04-14 | 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, against the defendant(s) The Individuals, Corporations, and Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedula A. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| 63 | 2025-04-07 | AFFIDAVIT OF SERVICE. The Individuals, Corporations, and Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedula A served on 4/7/2025, answer due 4/28/2025. Document filed by Overnight Blowout, LLC; Yesenia Hipolito. |
| 62 | 2025-04-03 | ELECTRONIC SUMMONS ISSUED as to The Individuals, Corporations, and Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. |
| 61 | 2025-04-02 | Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 4/2/2025. See ECF No.35. Plaintiff's counsel is directed to order the transcript. (Court Reporter Raquel Robles) |
| 60 | 2025-04-02 | PRELIMINARY INJUNCTION WHEREAS, Plaintiffs moved ex parte on March 3, 2025 against Defendants for 1) atemporary restraining order; 2) an order restraining Defendants' Accounts' Assets with the ThirdParty Providers; 3) an order to show cause why a preliminary injunction should not issue; 4) anorder authorizing alternative service and 5) an order authorizing expedited discovery;WHEREAS, on March 5, 2025, the Court entered an Order granting Plaintiffs'Application (the TRO) which ordered Defendants to appear on March 10, 2025 at 12:00 p.m.to show cause why a preliminary injunction should not issue ("Show Cause Hearing");WHEREAS, on March 6, 2025, the Court adjourned the Show Cause Hearing, on Plaintiffs application, to March 19, 2025 at 12:30 p.m.; WHEREAS, on March 19, 2025, the Court adjourned the Show Cause Hearing to March 31, 2025 at 10:00 a.m. to allow Plaintiffs to effectuate service on the twenty-eight Defendants associated with Third Party Providers TikTok, Alibaba.com, and AliExpress.com, which had not provided email addresses for those Defendants; WHEREAS, on March 28, 2025, the Court adjourned the Show Cause Hearing to April 2, 2025 at 10:30 a.m. to allow Plaintiffs to effectuate service on the eighteen Defendants associated with Alibaba.com and AliExpress.com, which had continued to fail to provide email addresses for those Defendants; WHEREAS, by April 1, 2025, pursuant to the alternative methods of service authorized by the TRO, Plaintiffs had served the Summons, Complaint, TRO and all papers filed in support of the Application on each and every Defendant; WHEREAS, on April 2, 2025 at 10:30 a.m., Plaintiffs appeared at the Show Cause Hearing, but no Defendants appeared; IT IS HEREBY ORDERED that the restraints previously imposed by the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65. Accordingly, Defendants, their officers, directors, agents, servants, representatives, employees, successors, and assigns, and all those acting in concert or in participation with any of them who receive actual notice of this Order, are enjoined from: b. Using the OVERNIGHT BLOWOUT trademark (the "OVERNIGHT BLOWOUTMark") in commerce, including in connection with the Marketplace Accounts;c. Reproducing, adapting, or publicly displaying Plaintiffs' copyrighted works,including the copyrighted works covered by U.S. Copyright Registration Nos. PA2-479-850 and PA 2-479-851 (the "OVERNIGHT BLOWOUT Copyrights");d. Using Plaintiff Hipolito's image or likeness, or a modified version of Hipolito'simage or likeness; e. Directly or indirectly implying a false endorsement or promotion by Plaintiff Hipolito or any other model who has not endorsed or promoted Defendants' products; f. Passing off, inducing, or enabling others to sell or pass off any product as a genuine OVERNIGHT BLOWOUT product that is not, in fact, Plaintiffs OVERNIGHT BLOWOUT Product and/or not produced under the authorization, control, or supervision of Plaintiffs and approved by Plaintiffs for sale under the OVERNIGHT BLOWOUT Mark g. Committing any other acts calculated to cause consumers to believe thatDefendants products are those sold under the authorization, control or supervisionof Plaintiffs, or are sponsored by, approved by, endorsed by, or otherwise connectedwith Plaintiffs;h. Shipping, delivering, holding for sale, transferring, or otherwise moving, storing,distributing, returning, or otherwise disposing of, in any manner, products orinventory held by Defendants which bear the OVERNIGHT BLOWOUT Mark or the OVERNIGHT BLOWOUT Copyrights; i. Operating and/or hosting websites and/or any other web presence or onlinestorefront involved with the distribution, marketing, advertising, offering for sale, or sale of any product embodying or bearing OVERNIGHT BLOWOUT Mark or the OVERNIGHT BLOWOUT Copyrights; j. Effecting assignments or transfers, forming new entities or associations, or creating and/or utilizing any other platform, Marketplace Account, website, or other means for the purposes of circumventing or otherwise avoiding the prohibits set forth in this Order. IT IS FURTHER ORDERED that Defendants and all persons in active concert and participation with them who receive actual notice of this Order, are to preserve and not secrete, conceal, destroy, sell off, transfer, or othe1wise dispose of (i) evidence relating to the Marketplace Accounts; or (ii) evidence otherwise related to the allegations set fo1ih in Plaintiffs' Complaint in the matter herein. IT IS FURTHER ORDERED that Plaintiffs shall serve a copy of this Preliminary Injunction on Defendants via e-mail as ordered in the tempora1y restraining order, and such means shall be deemed as effective as to Defendants and Third Party Providers through the pendency of this action. IT IS FURTHER ORDERED that this Order shall remain in effect during the pendency of this action, or until further order of the Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/2/2025) |
| 59 | 2025-04-02 | Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 4/2/2025. See ECF No.35. Plaintiff's counsel is directed to order the transcript. (Court Reporter Raquel Robles) |
| 58 | 2025-04-02 | REQUEST FOR ISSUANCE OF SUMMONS as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, re: [1] Complaint. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. |
| 57 | 2025-04-01 | Supplement Unsealed Exhibit A to March 3, 2025 Declaration of Yesenia Hipolito |
| 56 | 2025-04-01 | LETTER addressed to Judge Jennifer H. Rearden from Leo M. Lichtman dated April 1, 2025 re: Overnight Blowout, LLC et al v. Individuals, Corporations, LLCs, Partnerships, and Unincorporated Associations Identified on Schedule A. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. |
| 55 | 2025-04-01 | Supplement Unsealed Schedule A to the Complaint |
| 54 | 2025-04-01 | Supplement Unsealed Exhibit A to March 3, 2025 Declaration of Ryan Rabenold |
| 53 | 2025-04-01 | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/19/2025 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2025. Redacted Transcript Deadline set for 5/2/2025. Release of Transcript Restriction set for 6/30/2025. |
| 52 | 2025-04-01 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/19/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. |
| 51 | 2025-03-31 | AFFIDAVIT OF SERVICE of Temporary Restraining Order of March 28, 2025f served on Alibaba.com and Aliexpress.com on 03/28/2025. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. |
| 50 | 2025-03-28 | MEMO ENDORSEMENT on re: [28] Status Report filed by Yesenia Hipolito, Overnight Blowout, LLC, ENDORSEMENT: In light of the Third-Party Providers' ongoing delay in adhering to the expedited discovery order, the Court hereby adjourns the hearing scheduled for March 31, 2025 to April 2, 2025 at 10:30 a.m. The Court finds good cause to extend the TRO, see ECF No. 20, to April 2, 2025 at 2:53 p.m. to allow Plaintiffs to effectuate service of process on all Defendants. Pursuant to the TRO, see ECF No. 20 at 8-10, Third-Party Providers Alibaba.com and AliExpress.com shall "cease transferring or disposing of any money or other assets residing in Defendants' Accounts, cease allowing such funds to be transferred or withdrawn, and cease allowing any diminutions to be made from Defendants' Account pending further order of this Court" and "provide. [t]he identity and location of the Defendants, including all known aliases, associated email addresses, and other contact information" to Plaintiffs. Alibaba.com and AliExpress.com shall do so by no later than March 31, 2025 at 2:00 p.m. Failure to comply with the terms of this Order may lead to sanctions, including contempt. By April 1, 2025 at 2:00 p.m., Plaintiffs shall submit a letter updating the Court on the status of service. If Plaintiffs seek an Order directing (1) GoDaddy "to initiate a domain registration suspension" and (2) Alibaba.com andAliExpress.com to stop "facilitat[ing] Defendants' advertisement and sale of the infringing products," or be held in contempt, they may file a motion to that effect. In any such motion, Plaintiffs should address Kelly Toys Holdings, LLC v. 19885566 Store, No. 22 Civ. 9384 (JMF), 2023 WL 4288356, at *6 (S.D.N.Y. June 29, 2023) (concluding that the Court "could not direct Alibaba to shut down Defendants' storefronts" because it "lacks the authority to enjoin the independent actions of a nonparty" (internal citations omitted)) and Kelly Toys Holdings LLC v. 19885566 Store, No. 22 Civ. 9384 (JMF), 2024 WL 532290, at *2 (S.D.N.Y. Feb. 9, 2024) (vacating contempt order because "there was no evidence in the record at the time of Kelly Toys's motion showing that the Alibaba Defendants took any affomative acts to assist any Merchant Defendants with knowledge that these acts would be assisting infringing activity" (emphasis in original)). Plaintiffs shall immediately serve a copy of this Order onAlibaba.com and Ali.Express.com, by email to all known email addresses, and file proof of such service on the docket by March 31, 2025 at 10:00 a.m. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/28/2025) (Show Cause Hearing set for 4/2/2025 at 10:30 AM before Judge Jennifer H. Rearden.) |
| 49 | 2025-03-26 | STATUS REPORT. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. |
| 48 | 2025-03-26 | ***DELETED DOCUMENT. Deleted document number [27] Transcript. The document was incorrectly filed in this case. |
| 47 | 2025-03-26 | Exhibit Exhibit D |
| 46 | 2025-03-26 | Exhibit Exhibit C |
| 45 | 2025-03-26 | Exhibit Exhibit B |
| 44 | 2025-03-26 | Exhibit Exhibit A |
| 43 | 2025-03-26 | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/19/2025 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/16/2025. Redacted Transcript Deadline set for 4/28/2025. Release of Transcript Restriction set for 6/24/2025. |
| 42 | 2025-03-19 | Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 3/19/2025. See ECF No.26. The parties are directed to order the transcript and split the cost. (Court Reporter Sharonda Jones) |
| 41 | 2025-03-19 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 24 Proposed Order was reviewed and approved as to form. |
| 40 | 2025-03-19 | ORDER: On March 19, 2025 at 12:30 p.m., the Court held a show cause hearing why a preliminary injunction should not issue. No Defendants appeared, and the Court was informed that service of all Defendants had not been completed. As stated on the record, good cause exists to extend the Temporary Restraining Order entered on March 5, 2025 (the "TRO") to allow Plaintiffs to effectuate service of process on all Defendants. See Fed. R. Civ. P. 65(b)(2). Accordingly, the Court hereby extends the TRO through March 31, 2025 at 7:00 p.m. See id.; see also Cawthon v. Zhousunyijie, 700 F. Supp. 3d 20, 31 n.2 (S.D.N.Y. 2023) ("A temporary restraining order can be extended beyond the 14-day limit for good cause, and while service is being effected."). In addition, within three (3) days of receipt of this Order, GoDaddy shall suspend and cease providing services to domain name registration http://getdreamwave.com. See ECF No. 20 at 2-3. By March 26, 2025, Plaintiffs shall file a letter updating the Court on the status of service. Defendants shall appear on March 31, 2025 at 10:00 a.m. to show cause why a preliminary injunction should not issue. The hearing will be conducted via telephone conference. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 745 624 619#. Members of the public may call the same number but are to keep their phones muted during the proceeding. By no later than March 26, 2025, Plaintiffs shall serve Defendants with this Order by the method of service authorized in the TRO, ECF No. 20, and file proof of such service on the docket. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/19/2025) (Show Cause Hearing set for 3/31/2025 at 10:00 AM before Judge Jennifer H. Rearden.) |
| 39 | 2025-03-19 | AFFIDAVIT OF SERVICE of Order to Show Cause and Supporting Papers, Order extending TRO served on Defendants listed on Schedule A on 3/13/2025. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. |
| 38 | 2025-03-19 | Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 3/19/2025. See ECF No.26. The parties are directed to order the transcript and split the cost. (Court Reporter Sharonda Jones) |
| 37 | 2025-03-19 | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [24] Proposed Order was reviewed and approved as to form. |
| 36 | 2025-03-18 | PROPOSED ORDER. Document filed by Yesenia Hipolito, Overnight Blowout, LLC. Proposed Order to be reviewed by Clerk's Office staff. |
| 35 | 2025-03-17 | ORDER By March 18, 2025, Plaintiffs shall file a proposed preliminary injunction order. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) |
| 34 | 2025-03-06 | ORDER granting 21 Letter Motion to Adjourn Conference. Application GRANTED. Defendants shall respond to the Order to show cause, ECF No. 20, by March 14, 2025. Plaintiffs shall submit their reply, if any, by March 17, 2025 at 12:00 p.m. The hearing scheduled for March 10, 2025 is adjourned to March 19, 2025 at 12:30 p.m. The hearing will be conducted via telephone conference. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 302 021 759#. Members of the public may call the same number but are to keep their phones muted during the proceeding. The Clerk of Court is directed to terminate ECF No. 21. Telephone Conference set for 3/19/2025 at 12:30 PM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 3/6/2025) |
| 33 | 2025-03-06 | LETTER MOTION to Adjourn Conference Order to Show Cause addressed to Judge Jennifer H. Rearden from Leo M. Lichtman dated 3/6/2025. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 32 | 2025-03-05 | ORDER TO SHOW CAUSE: THEREFORE, IT IS HEREBY ORDERED that Defendants shall appear on the 10th day of March 2025, at 2:30 p.m in Courtroom 12B of the United States District Court for the Southern District of New York at 500 Pearl Street, New York, New York, 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 with theCourt on CM/ECF and served upon Plaintiffs' counsel, by email to litigation@esca.legal, by the 7th day of March, 2025, and Plaintiffs' reply papers, if any, shall be filed and served on Defendants by 12:00 p.m. on the 10th day of March, 2025. 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, 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, 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 $5000 by corporate surety bond, cash, credit card, or a certified or attorney's check, as further set forth herein. IT IS HEREBY ORDERED that Plaintiffs' motion for leave to take expedited discovery prior to a Rule 26(f) conference is GRANTED. Within five (5) days of receipt of service of this Order, the Third-Party Providers shall provide the following information (to the extent such information is in the Third-Party Providers' possession, custody, or control), as further set forth herein. IT IS HEREBY ORDERED that the Clerk of Court is directed to issue a single original summons in the name of "THE CORPORATIONS, LIMITED LIABILITY COMPANIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT" that shall apply to all Defendants. Pursuant to Fed. R. Civ. P. 4(f)(3), Plaintiffs shall serve process on Defendants by serving a copy of the Complaint and summons via email on Defendants' email addresses. The combination of providing notice via e-mail, along with any notice that Defendants receive from Third-Party Providers notifying them of this action, shall constitute notice reasonably calculated under all circumstances to apprise Defendants of the pendency of the action and afford them the opportunity to present their objections. Schedule A to the Complaint (which shall be attached to this Order as served, but shall besealed until Defendants' Accounts are restrained), Exhibit A to the Declaration of Yesenia Hipolito, and Exhibit A to the Declaration of Ryan Rabenold shall remain sealed until Defendants' Accounts are restrained or until future order of the Court. Plaintiff shall file unsealed versions of Schedule A to the Complaint, Exhibit A to the Declaration of Yesenia Hipolito, and Exhibit A to the Declaration of Ryan Rabenold using the CM/ECF system prior to the expiration of this Order. Plaintiffs' request to file a memorandum of law in support of Plaintiffs' Ex Parte Motion for Entry of a Temporary Restraining Order ("TRO") in excess of the word and page limitations set by the Court is hereby granted. This Order resolves docket entries nos. 11 and 15. SO ORDERED this 5 day of March, 2025. (Show Cause Hearing set for 3/10/2025 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden., Show Cause Response due by 3/7/2025.), Motions terminated: 11 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Leo M. Lichtman dated March 3, 2025. filed by Yesenia Hipolito, Overnight Blowout, LLC, 15 MOTION for Leave to File Excess Pages. filed by Yesenia Hipolito, Overnight Blowout, LLC. (Signed by PART I Judge Laura Taylor Swain on 3/5/2025) (vfr) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing. |
| 31 | 2025-03-05 | 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). |
| 30 | 2025-03-04 | 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. |
| 29 | 2025-03-04 | ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Leo Martin Lichtman. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125la Trademark Infringement (Lanham Act); the County code has been modified to XX Out of State. |
| 28 | 2025-03-04 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions. |
| 27 | 2025-03-04 | Case Designated ECF. |
| 26 | 2025-03-04 | AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(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). |
| 25 | 2025-03-04 | AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for additional pleading submitted to court for review. |
| 24 | 2025-03-04 | ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. |
| 23 | 2025-03-03 | Exhibit Patent Registration |
| 22 | 2025-03-03 | COMPLAINT against The Individuals, Corporations, and Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedula A. (Filing Fee $ 405.00, Receipt Number ANYSDC-30705742)Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 21 | 2025-03-03 | Exhibit Copyright Registration |
| 20 | 2025-03-03 | (Appendix Schedule A provisionally filed under seal) |
| 19 | 2025-03-03 | CIVIL COVER SHEET filed. |
| 18 | 2025-03-03 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 17 | 2025-03-03 | AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review. |
| 16 | 2025-03-03 | AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. |
| 15 | 2025-03-03 | PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| 14 | 2025-03-03 | MEMORANDUM OF LAW in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 13 | 2025-03-03 | DECLARATION of Leo M. Lichtman in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 12 | 2025-03-03 | (Exhibit A (TROs)) |
| 11 | 2025-03-03 | DECLARATION of Yesenia Hipolito in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 10 | 2025-03-03 | (Exhibit A) |
| 9 | 2025-03-03 | DECLARATION of Ryan Rabenold in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 8 | 2025-03-03 | (Exhibit A) |
| 7 | 2025-03-03 | LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Leo M. Lichtman dated March 3, 2025. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 6 | 2025-03-03 | ***EX-PARTE***REDACTION to 1 Complaint, Schedule A by Overnight Blowout, LLC, Yesenia HipolitoMotion or Order to File Under Seal: 11. |
| 5 | 2025-03-03 | ***EX-PARTE***REDACTION to 9 Declaration in Support of Proposed Order to Show Cause by Overnight Blowout, LLC, Yesenia HipolitoMotion or Order to File Under Seal: 9. |
| 4 | 2025-03-03 | ***EX-PARTE***REDACTION to 10 Declaration in Support of Proposed Order to Show Cause by Overnight Blowout, LLC, Yesenia HipolitoMotion or Order to File Under Seal: 10. |
| 3 | 2025-03-03 | MOTION for Leave to File Excess Pages. Document filed by Overnight Blowout, LLC, Yesenia Hipolito. |
| 2 | 2025-03-03 | Exhibit A (Memo) |
| 1 | 2025-03-03 | (Proposed Order Proposed Order) |
