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) Fashion Maker Co. LTD.. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
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 and without costs against the defendant(s) Hongyu Liu ShuaIHuo. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
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 and without costs against the defendant(s) Chenxintao. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne)
PRELIMINARY INJUNCTION: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Preliminary Injunction Order (hereinafter, "PI Order") is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court as further set forth in this order. Accordingly, ContextLogic, Inc. ("ContextLogic"), PayPal Inc. ("PayPal"), Payoneer Inc. ("Payoneer"), and PingPong Global Solutions, Inc. ("PingPong") (ContextLogic, PayPal, Payoneer and PingPong are collectively referred to as the "Financial Institutions") are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this PI Order and any act by them or anyone of them in violation of this PI Order may be considered and prosecuted as in contempt of this Court. The $5,000.00 bond posted by Plaintiffs shall remain with the Court until a final disposition of this case or until this PI Order is terminated. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/19/2018) (rj)
MEMO ENDORSEMENT on re: 19 MOTION for Spencer J. Wolgang to Withdraw as Attorney . filed by Spin Master LTD., Spin Master, Inc., Spin Master Ltd., ENDORSEMENT: Application granted. SO ORDERED. Attorney Spencer Joseph Wolgang terminated. (Signed by Judge Ronnie Abrams on 12/18/2018) (rj) (Entered: 12/19/2018)
1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING ASSETS AND MERCHANT STOREFRONTS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Plaintiffs' Application is hereby GRANTED as follows (the "Order"): 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 pending the hearing and determination of Plaintiffs' Application for a preliminary injunction as referenced in Paragraph (II)(A) below: manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Infringing Products, or any other products bearing the Twisty Petz Mark and/or marks that are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Twisty Petz Mark and/or incorporating the Twisty Petz Work and/or artwork that is substantially similar to, identical to and constitute an infringement of the Twisty Petz Work, and as further specified herein regarding Temporary Restraining Order. Defendants are hereby ORDERED to show cause before this Court in Courtroom 1506 of the United States District Court for the Southern District of New York at 40 Foley Square, New York, New York on December 19, 2018 at 11:00 a.m. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to FRCP 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 East42d Street, Suite 2520, New York, NY 10165, Attn: Jason M. Drangel on or before December 14, 2018. Plaintiffs shall file any Reply papers on or before December 18, 2018, and as further set forth herein. IT IS FURTHER ORDERED pursuant to FRCP 64 and 65 and CPLR 6201 and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, the Financial Institutions shall locate and attach Defendants' Financial Accounts and shall provide written confirmation of such attachment to Plaintiffs' counsel. IT IS FURTHER ORDERED, as sufficient cause has been shown, that service shall first be effected on the Financial Institutions and ContextLogic and which may be made and shall be deemed effective as to the following if it is completed by the below means: 1) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where Pay Pal will be able to download a PDF copy of this Order via electronic mail to EE Omaha Legal Specialist at EEOMALegalSpecialist@paypal.com, and as further set forth regarding Order Authorizing Bifurcated and Alternative Service by Electronic Means. IT IS FURTHER ORDERED, as sufficient cause has been shown, that: Within fourteen (14) days after receiving service of this Order, each Defendant shall serve upon Plaintiffs' counsel a written report under oath providing: a. their true name and physical address; b. the name and location and URL of any and all websites that Defendants own and/or operate and the name, location, account numbers and URL for any and all User Accounts and Merchant Storefronts on Wish.com and/or any and all other online marketplace platforms that Defendants own and/or operate, and as further set forth regarding Order Authorizing Expedited Discovery. IT IS FURTHER ORDERED that Plaintiffs shall place security in the amount of $5000 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 Jessica Arnaiz, Chris Harrs and Brieanne Scully in support thereof and exhibits attached thereto and this Order shall remain sealed until the Financial Institutions and ContextLogic comply with Paragraphs I(C), III(A) and V(C) of this Order. B. Plaintiff shall promptly advise the Court when all Defendants have been served so that the case can be unsealed, but shall submit a status letter regarding service and sealing no later than December 7, 2018. SO ORDERED. (Show Cause Hearing set for 12/19/2018 at 11:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams). (Signed by Judge Ronnie Abrams on 11/29/2018). This document was previously filed under seal in envelope doc. no. 5. (rjm). (Entered: 12/19/2018)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Spencer J. Wolgang to Withdraw as Attorney . Document filed by Spin Master LTD., Spin Master, Inc..(Wolgang, Spencer) Modified on 12/19/2018 (db).
CERTIFICATE OF SERVICE. 21CCN served on 12/5/2018, answer due 12/26/2018; ALLNICE served on 12/5/2018, answer due 12/26/2018; AOO served on 12/5/2018, answer due 12/26/2018; AYZM served on 12/5/2018, answer due 12/26/2018; AZHU999 served on 12/5/2018, answer due 12/26/2018; Accessories Factory served on 12/5/2018, answer due 12/26/2018; Ananan served on 12/5/2018, answer due 12/26/2018; Big Big Happy served on 12/5/2018, answer due 12/26/2018; Boxiaoshop served on 12/5/2018, answer due 12/26/2018; Caichengya served on 12/5/2018, answer due 12/26/2018; Changzhou served on 12/5/2018, answer due 12/26/2018; Chanzey served on 12/5/2018, answer due 12/26/2018; Chenlin served on 12/5/2018, answer due 12/26/2018; Chenxixiaopu served on 12/5/2018, answer due 12/26/2018; DWEQOFD served on 12/5/2018, answer due 12/26/2018; DXCUTEXT served on 12/5/2018, answer due 12/26/2018; Dengyanai served on 12/5/2018, answer due 12/26/2018; Dexinstore served on 12/5/2018, answer due 12/26/2018; Dinghuifan served on 12/5/2018, answer due 12/26/2018; Dongpo123 served on 12/5/2018, answer due 12/26/2018; Doudoubinbin served on 12/5/2018, answer due 12/26/2018; Dreamtour served on 12/5/2018, answer due 12/26/2018; Fanfan_Fashion served on 12/5/2018, answer due 12/26/2018; Fang Home Fitness Equipment Store served on 12/5/2018, answer due 12/26/2018; Fashion Maker Co. LTD. served on 12/5/2018, answer due 12/26/2018; Feiledi Trade served on 12/5/2018, answer due 12/26/2018; Fewtlink served on 12/5/2018, answer due 12/26/2018; Foxtown Village served on 12/5/2018, answer due 12/26/2018; Fujing_021 served on 12/5/2018, answer due 12/26/2018; Fuy1123 served on 12/5/2018, answer due 12/26/2018; GMUIOAOJUN served on 12/5/2018, answer due 12/26/2018; GZZ JEWELRY served on 12/5/2018, answer due 12/26/2018; Gave Lover served on 12/5/2018, answer due 12/26/2018; HECHUNMING0211 served on 12/5/2018, answer due 12/26/2018; HOLALAONE served on 12/5/2018, answer due 12/26/2018; HOMEINN NEW served on 12/5/2018, answer due 12/26/2018; HUANZIDEDIAN served on 12/5/2018, answer due 12/26/2018; HUDETAO served on 12/5/2018, answer due 12/26/2018; HULEFU1478 served on 12/5/2018, answer due 12/26/2018; HUYULIN served on 12/5/2018, answer due 12/26/2018; Halostore served on 12/5/2018, answer due 12/26/2018; HappyNewProduct served on 12/6/2018, answer due 12/27/2018; Harnessgoth served on 12/5/2018, answer due 12/26/2018; ISELLYOUBUY2012-US served on 12/5/2018, answer due 12/26/2018; JUJIA YIZU served on 12/5/2018, answer due 12/26/2018; JUNLEISTORE served on 12/5/2018, answer due 12/26/2018; KUAJINGLEGOU (SHENZEN) TECHNOLOGY AND DEVELOPMENT CO., LTD. served on 12/5/2018, answer due 12/26/2018; LABS_ PRELOVED _CLOTHING served on 12/5/2018, answer due 12/26/2018; LADY'S FASHION served on 12/5/2018, answer due 12/26/2018; LEKANI STORE served on 12/5/2018, answer due 12/26/2018; LHLLFUSHI served on 12/5/2018, answer due 12/26/2018; LIANGSHUO_008 served on 12/5/2018, answer due 12/26/2018; LIN BROTHER SHOP served on 12/5/2018, answer due 12/26/2018; LIPING520 served on 12/5/2018, answer due 12/26/2018; LIUGAN2018 served on 12/5/2018, answer due 12/26/2018; LIYAN99LI served on 12/5/2018, answer due 12/26/2018; LLYYHHDDDDPP served on 12/5/2018, answer due 12/26/2018; LOSLANDIFEN WOMEN'S SHOES served on 12/5/2018, answer due 12/26/2018; LOVE DOVE served on 12/5/2018, answer due 12/26/2018; LUOBI IMPORT&EXPORT served on 12/5/2018, answer due 12/26/2018; LUYALUJIA served on 12/5/2018, answer due 12/26/2018; LXIAOYONGLIU served on 12/5/2018, answer due 12/26/2018; MAJIE888 served on 12/5/2018, answer due 12/26/2018; MAKEUP2 served on 12/5/2018, answer due 12/26/2018; MEIMEIJIA YOU served on 12/5/2018, answer due 12/26/2018; NATUALSTONETASSELSTORE served on 12/5/2018, answer due 12/26/2018; NIANNIANYOUYU served on 12/5/2018, answer due 12/26/2018; NIKILOVE served on 12/5/2018, answer due 12/26/2018; NV_ WANG served on 12/5/2018, answer due 12/26/2018; Fangtian Nvzhuang served on 12/5/2018, answer due 12/26/2018; PASTTAN served on 12/5/2018, answer due 12/26/2018; REDANTSVIEW served on 12/5/2018, answer due 12/26/2018; RINGCOLORFULL CLOTHES served on 12/5/2018, answer due 12/26/2018; SHENZEN HUANJUNSHI TRADING CO.,LTD. served on 12/5/2018, answer due 12/26/2018; SHENZHEN HUGE CREATION TECHNOLOGY LTD. served on 12/5/2018, answer due 12/26/2018; SHIHAIYING served on 12/5/2018, answer due 12/26/2018; SKAD served on 12/5/2018, answer due 12/26/2018; THE SHOE STORE OF SAKURA served on 12/5/2018, answer due 12/26/2018; THEBLUEXINFURNITURE served on 12/5/2018, answer due 12/26/2018; THREE PIG YUNYINGTONG served on 12/5/2018, answer due 12/26/2018; TIANJINGJING served on 12/5/2018, answer due 12/26/2018; TIANTIANSHOW served on 12/5/2018, answer due 12/26/2018; UPTOWN GIRLS served on 12/5/2018, answer due 12/26/2018; W&B INTERNATIONAL STORE served on 12/5/2018, answer due 12/26/2018; WENDY3013 served on 12/5/2018, answer due 12/26/2018; WOAINI184940 served on 12/5/2018, answer due 12/26/2018; WTGGSS served on 12/5/2018, answer due 12/26/2018; WUSONG served on 12/5/2018, answer due 12/26/2018; WYXDDPWXH served on 12/5/2018, answer due 12/26/2018; XIAO7H served on 12/5/2018, answer due 12/26/2018; MY XIAODIAN served on 12/5/2018, answer due 12/26/2018; XINXIAOMONGXIUONG served on 12/5/2018, answer due 12/26/2018; XIQIAND served on 12/5/2018, answer due 12/26/2018; YFBY served on 12/5/2018, answer due 12/26/2018; YIFENYAN served on 12/5/2018, answer due 12/26/2018; YXDSTPRE served on 12/5/2018, answer due 12/26/2018; YYOUPEN served on 12/5/2018, answer due 12/26/2018; ZHANGJUNFEI_008 served on 12/5/2018, answer due 12/26/2018; ZHANGQINGYING served on 12/5/2018, answer due 12/26/2018; ZHENXIN AIWO FU SHI, served on 12/5/2018, answer due 12/26/2018. Document filed by Spin Master LTD.; Spin Master, Inc.. (Scully, Brieanne)
DECLARATION of Brieanne Scully and Accompanying Exhibits in Support of Plaintiffs' Ex Parte Application for: 1) Temporary Restraining Order: 2) An Order restraining Assets and Merchant Storefronts; 3) An Order to Show Cause why a Preliminary Injunction Should not Issue; 4) Order Authorizing Bifurcated and Alternative Service and 5) order Authorizing Expedited Discovery: Document filed by Spin Master LTD., Spin Master, Inc. (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (js) (Entered: 12/11/2018) (js) (Entered: 12/11/2018)
DECLARATION of Christopher Harris and Accompanying Exhibits in Support of Plaintiffs' Ex Parte Application for : 1) Temporary Restraining Order; 2) An Order restraining Assets and Merchant Storefronts; 3) An Order to Show Cause Why A Preliminary Injunction Should not Issue; 4) Order Authorizing Bifurcated and Alternative Service and 5) Order Authorizing Expedited Discovery. (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (js) (Entered: 12/11/2018) Document filed by Spin Master LTD., Spin Master, Inc. (js) (Entered: 12/11/2018)
DECLARATION of Jessica Arnaiz and Accompanying Exhibits in Support of Plaintiffs' Ex Parte Application for: 1) Temporary Restraining Order; 2) an Order restraining Assets and Merchant Storefronts; 3) An Order to Show Cause why a Preliminary Injunction Should not Issue; 4) Order Authorizing Bifurcated and Alternative Service and 5) Order Authorizing Expedited Discovery.(Previously filed under seal in envelope #2 and unsealed by Doc. #3). Document filed by Spin Master LTD., Spin Master, Inc. (js) (Entered: 12/11/2018)
MEMORANDUM OF LAW in Support of Plaintiffs' 1) Ex Parte Application for a Temporary Restraining Order: 2) Order Restraining Assets and Merchant Storefronts: 3) An Order To Show Cause Why A Preliminary Injunction Should not Issue; 4) Order Authorizing Bifurcated and Alternative Service and 5) order Authorizing Expedited Discovery. Document filed by Spin Master LTD., Spin Master, Inc. (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (js) (Entered: 12/11/2018)
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). (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (js) (Entered: 12/11/2018)
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. (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (js) (Entered: 12/11/2018)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spin Master Ltd. for Spin Master, Inc.. Document filed by Spin Master, Inc. (Previously filed under seal in envelope #2 and unsealed by Doc. #3).(js) (Entered: 12/11/2018)
COMPLAINT against 21CCN, ALLNICE, AOO, AYZM, AZHU999, Accessories Factory, Ananan, Big Big Happy, Boxiaoshop, Caichengya, Changzhou, Chanzey, Chenlin, Chenxintao, Chenxixiaopu, DWEQOFD, DXCUTEXT, Dengyanai, Dexinstore, Dinghuifan, Dongpo123, Doudoubinbin, Dreamtour, Fanfan_Fashion, Fang Home Fitness Equipment Store, Fashion Maker Co. LTD., Feiledi Trade, Fewtlink, Foxtown Village, Fujing_021, Fuy1123, GMUIOAOJUN, GZZ JEWELRY, Gave Lover, HECHUNMING0211, HOLALAONE, HOMEINN NEW, HUANZIDEDIAN, HUDETAO, HULEFU1478, HUYULIN, Halostore, HappyNewProduct, Harnessgoth, ISELLYOUBUY2012-US, JUJIA YIZU, JUNLEISTORE, KUAJINGLEGOU (SHENZEN) TECHNOLOGY AND DEVELOPMENT CO., LTD., LABS_ PRELOVED _CLOTHING, LADY'S FASHION, LEKANI STORE, LHLLFUSHI, LIANGSHUO_008, LIN BROTHER SHOP, LIPING520, LIUGAN2018, LIYAN99LI, LLYYHHDDDDPP, LOSLANDIFEN WOMEN'S SHOES, LOVE DOVE, LUOBI IMPORT&EXPORT, LUYALUJIA, LXIAOYONGLIU, MAJIE888, MAKEUP2, MEIMEIJIA YOU, NATUALSTONETASSELSTORE, NIANNIANYOUYU, NIKILOVE, NV_ WANG, Fangtian Nvzhuang, PASTTAN, REDANTSVIEW, RINGCOLORFULL CLOTHES, SHENZEN HUANJUNSHI TRADING CO.,LTD., SHENZHEN HUGE CREATION TECHNOLOGY LTD., SHIHAIYING, SKAD, Hongyu Liu ShuaIHuo, THE SHOE STORE OF SAKURA, THEBLUEXINFURNITURE, THREE PIG YUNYINGTONG, TIANJINGJING, TIANTIANSHOW, UPTOWN GIRLS, W&B INTERNATIONAL STORE, WENDY3013, WOAINI184940, WTGGSS, WUSONG, WYXDDPWXH, XIAO7H, MY XIAODIAN, XINXIAOMONGXIUONG, XIQIAND, YFBY, YIFENYAN, YXDSTPRE, YYOUPEN, ZHANGJUNFEI_008, ZHANGQINGYING, ZHENXIN AIWO FU SHI,. Document filed by Spin Master LTD., Spin Master, Inc. (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (Attachments: # 1 Exhibit D PART 1, # 2 Exhibit D part 2, # 3 Exhibit D part 3, # 4 Exhibit D part 4, # 5 Exhibit D part 5)(js) (Entered: 12/11/2018)
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Filed: 12/10/2018, Entered: None
Unknown Document Type
APPLICATION TO TEMPORARILY FILE UNDER SEAL (Previously filed under seal in envelope #2 and unsealed by Doc. #3). Document filed by Spin Master LTD., Spin Master, Inc. (js) (Entered: 12/11/2018)
CIVIL COVER SHEET filed. (Previously filed under seal in envelope #2 and unsealed by Doc. #3).(js) (Entered: 12/11/2018)
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Filed: 12/10/2018, Entered: None
Unknown Document Type
ORDER TEMPORARILY SEALING FILE: It is also hereby ordered that, notwithstanding this Order to Temporarily Seal file, the Clerk of the Court shall have authority to provide Plaintiffs with certified copies of any orders entered in this matter while under seal. (Previously filed under seal in envelope #2 and unsealed by Doc. #3). (Signed by Judge J. Paul Oetken Part 1 Judge on 11/28/2018) (js) Modified on 12/11/2018 (js). (Entered: 12/11/2018)
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Filed: 12/10/2018, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(rz) (Entered: 12/11/2018)
ENDORSED LETTER: addressed to Judge Ronnie Abrams from Mary Kate Brennan dated 12/06/2018 re: Since the Court entered the TRO on November 29, 2018, it will expire on December 13, 2018. See Fed. R. Civ. P. 65(b)(2). Plaintiffs therefore respectfully request, for good cause shown, that the TRO be extended until December 19, 2018, the date the order to show cause hearing on why a preliminary injunction should not issue is scheduled. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/10/2018) (ama)
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 Ronnie Abrams on 12/10/18) (rz)
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 26 Notice of Voluntary Dismissal was reviewed and referred to Judge Ronnie Abrams 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. (km)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Spencer Joseph Wolgang to RE-FILE Document 19 MOTION for Spencer J. Wolgang to Withdraw as Attorney . Use the event type Letter found under the event list Other Documents. (db)
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 24 Notice of Voluntary Dismissal 23 Notice of Voluntary Dismissal was reviewed and referred to Judge Ronnie Abrams 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. (km)
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