Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd

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Entered
Case
Description
09/25/24
DEFAULT JUDGMENT ORDER IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Default and Default Judgment is GRANTED in its entirety, that Defaulting Defendants are deemed in default and that this Default Judgment is entered against Defaulting Defendants. Accordingly, this Court ORDERS that: Pursuant to 35 U.S.C. § 284, Plaintiff has established $20,906.89 in the form of lost profits as a result of Defaulting Defendants' patent infringement. The Court finds that Defaulting Defendants' patent infringement as alleged and supported was willful, egregious and otherwise knowing and culpable warranting trebling of damages. Therefore, Defaulting Defendants shall pay Plaintiff $62,720.67 in damages. The Court finds that this case is exceptional within the meaning of 35 U.S.C. § 285, and therefore, Plaintiff is entitled to an award of reasonable attorneys' fees. The Court finds that Plaintiff has established that the time spent and hourly rates incurred in prosecuting this matter were reasonable, and therefore Defaulting Defendants shall pay Plaintiff $25,550 to reimburse Plaintiffs' attorneys fees. Pursuant to Fed. R. Civ. P. 54 and 28 U.S.C. § 1920, as the prevailing party, Plaintiff is entitled to recover taxable costs. In addition, under 35 U.S.C. §§ 284, 285, the Court has the discretion to award other, non-taxable costs and expenses. Exercising its discretion, the Court awards Plaintiff $402 in reasonable litigation costs, which Defaulting Defendants are obligated to pay. With respect to all awarded amounts, Plaintiff is entitled to statutory interest of8.25% per annum upon entry of this judgment. The Court releases the Two Thousand U.S. Dollar ($2,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Garson Sgal Steinmetz Fladgate LLP, 164 West 25th Street, Suite 11R, New York, NY 10001; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. The Clerk of Court is otherwise directed to terminate all pending motions, adjourn all remaining dates, and close this case. (And as further set forth herein.), Motions terminated: [39] MOTION for Default Judgment as to the Defaulting Defendants. filed by Kids Squad LLC. (Signed by Judge Katherine Polk Failla on 9/25/2024) (jca) Transmission to Finance Unit (Cashiers) for processing. (Entered: 09/25/2024)
09/11/24
ORDER: Due to a conflict in the Court's calendar, the order to show cause hearing currently scheduled for October 2, 2024, is hereby ADJOURNED to September 24, 2024, at 4:00 p.m., and will proceed in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Show Cause Hearing set for 9/24/2024 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/10/2024) (sgz) (Entered: 09/11/2024)
09/03/24
ORDER granting [50] Letter Motion to Continue. Application GRANTED. The hearing currently scheduled for September 5, 2024, is hereby ADJOURNED to October 2, 2024, at 11:00 a.m. The parties are advised that no additional requests for an adjournment of this conference will be granted, absent a showing of exigent circumstances. The demands of competing litigation do not, without more, constitute exigent circumstances. The Clerk of Court is directed to terminate the pending motion at docket entry 50. SO ORDERED. Show Cause Hearing set for 10/2/2024 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/3/2024) (sgz) (Entered: 09/03/2024)
09/03/24
LETTER MOTION to Continue addressed to Judge Katherine Polk Failla from Michael M. Steinmetz dated September 3, 2024. Document filed by Kids Squad LLC..(Steinmetz, Michael) (Entered: 09/03/2024)
08/22/24
REPLY MEMORANDUM OF LAW in Support re: [39] MOTION for Default Judgment as to the Defaulting Defendants. . Document filed by Kids Squad LLC..(Steinmetz, Michael) (Entered: 08/22/2024)
07/22/24
AFFIDAVIT OF SERVICE of Order to Show Cause served on GUANGZHOU HUI DE E-TRADE CO., LTD., and GUANGZHOU YIKONG ELECTRONIC COMMERCE CO., LTD. on 07/22/2024. Document filed by Kids Squad LLC..(Steinmetz, Michael) (Entered: 07/22/2024)
07/17/24
ORDER TO SHOW CAUSE: It is hereby: ORDERED, that Defendants Guangzhou Hui De E-Trade Co., Ltd and Guangzhou Yikong Electronic Commerce Co. Ltd, show cause at hearing on September 5, 2024, at 2:30 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, as to why a Default Judgment ought not be entered against them, pursuant to Federal Rule of Civil Procedure 55(b)(2), in favor of Plaintiff, based upon Defendants' failure to answer or otherwise appear in this action. IT IS FURTHER ORDERED that Plaintiff is to serve a copy of this Order and supporting documents upon Defendants via any previously used means of service by July 24, 2024, and to provide proof of service on the docket by July 31, 2024. Any opposition to entry of a default judgment is due on or before August 15, 2024. Any reply papers shall be due by August 22, 2024. SO ORDERED. ( Show Cause Hearing set for 9/5/2024 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.), ( Replies due by 8/22/2024.) Show Cause Response due by 8/15/2024. (Signed by Judge Katherine Polk Failla on 7/17/2024) (tg) (Entered: 07/17/2024)
06/20/24
NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Richard M. Berman is no longer assigned to the case..(tro) (Entered: 06/20/2024)
05/09/24
ORDER: On December 19, 2023, Plaintiff moved pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure to voluntarily dismiss Defendant Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd. ECF No. 38. Plaintiffs motion was referred to the Court for approval. Plaintiffs request is granted. Defendant Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd. is hereby dismissed from this action with prejudice. (Signed by Judge Richard M. Berman on 5/9/2024) Shenzhen Shi Yanwu Zhineng Jiaju Youxian Gongsi Ltd. terminated. (ks) (Entered: 05/09/2024)
04/15/24
NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge Paul A. Crotty is no longer assigned to the case. (sgz) (Entered: 04/15/2024)