Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: ORDER EDGARDO RAMOS , District Judge . On October 16, 2019, POOF-Slinky, LLC ("POOF-Slinky" or "Plaintiff") served Defendants with a Summons, Complaint, a Temporary Restraining Order ("TRO") signed by the Court on October 10, 2019, and all papers filed in support of its application for a Preliminary Injunction against all defendants in the above civil case. 1 Doc. 15. POOF-Slinky alleges that the defendants are merchants who infringed upon its federal trademark registration for a variety
Summary: ORDER EDGARDO RAMOS , District Judge . On October 16, 2019, POOF-Slinky, LLC ("POOF-Slinky" or "Plaintiff") served Defendants with a Summons, Complaint, a Temporary Restraining Order ("TRO") signed by the Court on October 10, 2019, and all papers filed in support of its application for a Preliminary Injunction against all defendants in the above civil case. 1 Doc. 15. POOF-Slinky alleges that the defendants are merchants who infringed upon its federal trademark registration for a variety o..
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ORDER
EDGARDO RAMOS, District Judge.
On October 16, 2019, POOF-Slinky, LLC ("POOF-Slinky" or "Plaintiff") served Defendants with a Summons, Complaint, a Temporary Restraining Order ("TRO") signed by the Court on October 10, 2019, and all papers filed in support of its application for a Preliminary Injunction against all defendants in the above civil case.1 Doc. 15. POOF-Slinky alleges that the defendants are merchants who infringed upon its federal trademark registration for a variety of goods associated with "Slinky," a classic toy. Doc. 5, 4-5.
The Court held a show cause hearing on October 24, 2019. Attorney Sergei Orel ("Mr. Orel") made an appearance and represented that he had been retained to represent sixteen unidentified defendants—and possibly more. Doc. 27, 1. He requested an extension of time to oppose the Preliminary Injunction, which the Court granted until November 7, 2019 for all defendants, keeping the TRO in place until that time. Id. On November 27, 2019, Mr. Orel filed a motion to dismiss pursuant to Federal Rule of Civil Procedures 12(b)(2) and 12(b)(6) on behalf of thirty-four defendants (collectively, the "Orel Defendants").2 Doc. 20. On December 4, 2019, Mr. Orel requested an extension of time, up to and including January 14, 2020, to complete discovery and oppose the pending Preliminary Injunction. Doc. 23.
On December 6, 2019, the Court directed POOF-Slinky to respond by December 10, 2019. Doc. 26. POOF-Slinky consented to Mr. Orel's request for an extension but requested that this be the final one granted to the Orel Defendants. Doc. 27, 2. POOF-Slinky also requested an extension of time, up to and including January 28, 2020, to file an opposition to the Orel Defendants' motion to dismiss, Doc. 20, as Plaintiff has yet to receive the full expedited discovery from them. Id. Finally, POOF-Slinky requested that the Court enter an order preliminarily enjoining all defendants not represented by Mr. Orel and that the Court extend the TRO against the Orel Defendants pending the outcome of the motion to dismiss. Id.
Accordingly, the Court: (1) GRANTS the Orel Defendants' request for an extension of time to produce discovery and oppose the Preliminary Injunction up to and including January 14, 2020; but this is the final time the Court will grant this request absent good cause shown; (2) GRANTS POOF-Slinky's request for an extension of time to oppose the motion to dismiss up to and including January 28, 2020; (3) for the reasons set forth on the show case hearing record, GRANTS POOF-Slinky's request for injunctive relief as to all defendants, except for the Orel Defendants; and lastly, (4) GRANTS POOF-Slinky's request for an extension of the TRO against the Orel Defendants pending the outcome of the motion to dismiss, Doc. 20.
It is SO ORDERED.
