AFFIDAVIT OF SERVICE of VERIFIED COMPLAINT, SUMMONS, MOTION FOR TEMPORARY RESTRAINING ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR TRO AND HOLMES, SERRANO, AND KAYSER DECLARATIONS IN SUPPORT THEREOF, ORDER GRANTING TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION, AND ALL EXHIBITS THERETO served on Shop D'Oro, Defendant Travistar (SANDIANKE-US), MiCoolker, YallFairy/YallFF, Hynbase, Baisite Mall, Degohome, YOUDE, Asm's Bag Store, The World of Queenie Wong a/k/a Queenie, Eaglebeky, Ecolaki, Cloth Shake, Boading Baigou Xincheng Younuo Trading Co., Ltd. on before September 16, 2018. Service was made by e-mail. Document filed by Kipling Apparel Corp.. (Attachments: # 1 Exhibit A- Registered Receipt of Delivery for service on Defendant Shop D'Oro, # 2 Exhibit B- Registered Receipt of Delivery for service on Defendant Travistar (SANDIANKE-US), # 3 Exhibit C- Registered Receipt of Delivery for service on Defendant MiCoolker, # 4 Exhibit D- Registered Receipt of Delivery for service on Defendant YallFairy/YallFF, # 5 Exhibit E- Registered Receipt of Delivery for service on Defendant Hynbase, # 6 Exhibit F- Registered Receipt of Delivery for service on Defendant Baisite Mall, # 7 Exhibit G- Registered Receipt of Delivery for service on Defendant Degohome, # 8 Exhibit H- Registered Receipt of Delivery for service on Defendant YOUDE, # 9 Exhibit I- Registered Receipt of Non-Delivery for service on Defendant Asm's Bag Store, # 10 Exhibit J- Registered Receipt of Delivery for service on Defendant The World of Queenie Wong a/k/a Queenie, # 11 Exhibit K- Registered Receipt of Delivery for service on Defendant Eaglebeky, # 12 Exhibit L- Registered Receipt of Delivery for service on Defendant Ecolaki, # 13 Exhibit M- Registered Receipt of Delivery for service on Defendant Cloth Shake, # 14 Exhibit N- Registered Receipt of Delivery for service on Defendant Boading Baigou Xincheng Younuo Trading Co., Ltd)(Kayser, Susan)
NOTICE OF CHANGE OF ADDRESS by Christopher James Fahy on behalf of Kipling Apparel Corp.. New Address: K&L Gates LLP, 70 West Madison Street, Suite 3100, Chicago, Illinois, USA 60602, 312.807.4324. (Fahy, Christopher)
TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING SERVICE BY EMAIL AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Show Cause Hearing set for 9/24/2018 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr why an order should not be entered pursuant to Federal Rule of Civil Procedure 65 and 15 U.S.C. ยง 1116 granting Plaintiff a preliminary injunction enjoining and restraining Defendants, their officers, agents, servants, employees, and any persons in active concert or participation with them as set forth in this order. IT IS FURTHER ORDERED THAT Plaintiff is entitled to expedited discovery by providing actual notice, pursuant to subpoena, email, or otherwise, of this Order to Defendants, including their agents, servants, employees, attorneys, and any persons acting in concert or participation with them or third parties providing services used in connection with Defendants' operations; and 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 dates as set by the Court, unless Defendants stipulate, or have not objected, to the Preliminary Injunction; and IT IS FURTHER ORDERED THAT Plaintiff may complete service of process on Defendants by electronic mail at the email addresses set forth in Exhibit AA to the Declaration of Rob Holmes, which Plaintiff has demonstrated will provide adequate notice to Defendants pursuant to Fed. R. Civ. P. 4; and IT IS FURTHER ORDERED THAT service of this Order and the TRO Papers, together with the Summons and Complaint, which may be made on Defendants by electronic mail, shall be made by September 16, 2018 at 5 p.m., upon which date Plaintiff's moving papers shall be electronically docketed on ECF; and IT IS FURTHER ORDERED THAT upon two (2) business days' written notice to the Court and Plaintiff's counsel, any Defendant may, upon proper showing, appear and move for the dissolution or modification of the provisions of this Order as against that Defendant; and IT IS FURTHER ORDERED THAT Defendants' written response to Plaintiff's motion, if any, shall be filed with the Clerk of this Court and be served upon the attorneys for Plaintiff by delivering copies thereof to the offices of K&L Gates LLP at 1601 K Street, NW, Washington, D.C. 20006-1600, Attention: Susan M. Kayser, Esq., and at 70 W. Madison Street, Suite 3100, Chicago, IL 60602, Attention: Christopher Fahy, Esq., before 5 p.m. on September 19, 2018. Any reply shall be filed and served by Plaintiff by September 21, 2018 before 5 p.m. Defendants are hereby given notice that failure to attend the hearing scheduled herein may result in the immediate issuance of the prayed-for Preliminary Injunction to take effect immediately upon expiration or dissolution of the within Temporary Restraining Order, and shall otherwise extend for the pendency of this litigation relief upon the same terms and conditions as comprise this Temporary Restraining Order. Defendants are hereby given further notice that they shall be deemed to have actual notice of the issuance and terms of such Preliminary Injunction and any act by them or any one of them in violation of the terms thereof may be considered and prosecuted as contempt of this Court. IT IS FURTHER ORDERED THAT this ORDER shall be continuing in nature and apply in equal force to additional Defendants as discovered. SO ORDERED., Motions due by 9/19/2018., Responses due by 9/21/2018. (Signed by Judge Andrew L. Carter, Jr on 9/14/2018) (rj)
ORDER FOR ADMISSION PRO HAC VICE granting 5 Motion for Christopher J. Fahy to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 9/14/2018) (jca)
MOTION for Christopher James Fahy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15568398. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kipling Apparel Corp.. (Attachments: # 1 Declaration of Christopher J. Fahy, # 2 Ex. A - Certificates of Good Standing, # 3 Text of Proposed Order)(Fahy, Christopher)
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