ORDER granting 82 Motion for Disbursement of Funds to Plaintiff. Signed by Judge Darrin P. Gayles on 12/13/2024. See attached document for full details. (hs01)

Plaintiff's MOTION for Disbursement of Funds by Purple Innovation, LLC.

附件：

1:Proposed Disbursement Order

PAPERLESS ORDER granting 80 Plaintiff's Motion to Dissolve the Preliminary Injunction. Signed by Magistrate Judge Jonathan Goodman on 11/14/2024.

Plaintiff's MOTION to Dissolve Preliminary Injunction Order by Purple Innovation, LLC.

附件：

1:Text of Proposed Order

PAPERLESS ORDER Dismissing Case without prejudice pursuant to [78] Plaintiff's Notice of Voluntary Dismissal Pursuant to Rule 41(a)(1)(A)(i). Closing Case. Signed by Judge Darrin P. Gayles on 11/13/2024. (hs01)

NOTICE of Voluntary Dismissal Pursuant to Rule 41(a)(1)(A)(i) by Purple Innovation, LLC

PAPERLESS ORDER denying as moot 69 Plaintiff's Motion for Default Judgment pursuant to the Court's Order 76 dismissing Plaintiff's Complaint 1. Signed by Magistrate Judge Jonathan Goodman on 11/1/2024.

ORDER ADOPTING REPORT AND RECOMMENDATIONS re [ECF No. 70, 73 ]. Defendant Henson Holdings, LLC d/b/a SelectSoma's Motion to Dismiss, [ECF No. 35, 39], is GRANTED. Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff shall file an Amended Complaint on or before November 14, 2024. Signed by Judge Darrin P. Gayles on 11/1/2024. See attached document for full details.

AFFIDAVIT of Marshall Dore Louis signed by: Marshall Dore Louis re 71 Order to Show Cause, by Purple Innovation, LLC

AFFIDAVIT signed by: Michael D. Pegues re [71] Order to Show Cause, by SelectSoma (5)

PUBLIC, NON-REDACTED VERSION OF REPORT AND RECOMMENDATIONS re 35 MOTION to Dismiss 1 Complaint, filed by Defendant SelectSoma. Objections to R&R due by 10/30/2024. Signed by Magistrate Judge Jonathan Goodman on 10/22/2024. See attached document for full details.

Joint NOTICE by Purple Innovation, LLC re 71 Order to Show Cause

附件：

1:(REPORT AND RECOMMENDATIONS - ECF No. 70)

PAPERLESS ORDER TO SHOW CAUSE re: 70 REPORT AND RECOMMENDATIONS ("R&R") on Defendant Selectsoma's Motion To Dismiss re [ECF Nos. 35 ; 39 ]. In my R&R, I instructed the parties to "jointly file a redacted version of this report and recommendations by October 21, 2024. The parties should redact only those matters truly deserving of under-seal status." [ECF No. 70, p. 1 n.1 (emphasis added)]. My Chambers provided the parties with a copy of the sealed R&R the same day it was issued, October 16, 2024. It is now October 22, and the parties have failed to comply with my instructions. Therefore, lead counsel for the parties shall each show cause and file an affidavit by 5:00 PM on October 24, 2024 explaining why they violated a Court Order by failing to publicly file a redacted version of my R&R and why they failed to seek an enlargement of time (if they needed one). In addition, counsel for each side shall explain, in the affidavit, what specific steps their firms will take in order to make sure that other deadlines in this case are in fact complied with on a timely basis. Merely saying "we will make sure the deadlines are put on the calendar" is insufficient. These affidavits must pinpoint specific, tangible steps which will be taken at each law firm and what safeguards or fail-safe mechanisms have been (or will be) implemented to avoid further violations in this case, including coordination with other staffers and soliciting suggestions from risk-loss experts. The parties shall by noon tomorrow, October 23, 2024, file the Order-required redacted version of the R&R. Signed by Magistrate Judge Jonathan Goodman on 10/22/2024.

SYSTEM ENTRY - Docket Entry 70 [report and recommendations] restricted/sealed until further notice.

Order

Plaintiff's MOTION for Default Judgment by Purple Innovation, LLC.

附件：

1:(Proposed Final Default Judgment and Permanent Injunction)
2:Text of Proposed Order on Motion for Entry of Final Default Judgment
3:Exhibit 2
4:Exhibit 1
5:Declaration of Adrianna Mathew

Clerk's Entry of Default as to Aiouarc (1), ChenKunUS (3), Cheng Li SHop (2), LiTaoUS (4) - Motions Terminated: 67 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 10/9/2024.

Plaintiff's MOTION for Clerk's Entry of Default as to Aiouarc (1), ChenKunUS (3), Cheng Li SHop (2), LiTaoUS (4) by Purple Innovation, LLC.

附件：

1:(Declaration of Adrianna Mathew)

NOTICE of Attorney Appearance by Leigh Benjamin Salomon on behalf of Purple Innovation, LLC. Attorney Leigh Benjamin Salomon added to party Purple Innovation, LLC(pty:pla).

MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/19/2024. See attached document for full details.

SCHEDULING ORDER Setting Civil Trial Date And Pretrial Schedule, Requiring Mediation, And Referring Certain Motions To Magistrate Judge: (Jury Trial set for 12/15/2025 in Miami Division before Judge Darrin P. Gayles., Calendar Call set for 12/10/2025 09:30 AM in Miami Division before Judge Darrin P. Gayles., Status Conference set for 9/17/2025 10:00 AM in Miami Division before Judge Darrin P. Gayles.) Signed by Judge Darrin P. Gayles on 8/15/2024. See attached document for full details. (kpe) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.

Joint SCHEDULING REPORT - Rule 16.1 by Purple Innovation, LLC

附件：

1:Proposed Joint Scheduling Order Setting Civil Trial Date and Pretrial Schedule

Order

PAPERLESS ORDER granting [60] Defendant Henson Holdings, LLC d/b/a SelectSoma's Motion to File Under Seal its Reply in Support of its Motion to Dismiss. SelectSoma may file an unredacted version of its Reply in support of its Motion to Dismiss under seal. Signed by Judge Darrin P. Gayles (hs01)

Unopposed MOTION to Seal Reply in Support of Motion to Dismiss per Local Rule 5.4 by SelectSoma (5).

附件：

1:(Text of Proposed Order)

REPLY to Response to Motion re 35 MOTION to Dismiss 1 Complaint, filed by SelectSoma (5).

SYSTEM ENTRY - Docket Entry 58 [misc] restricted/sealed until further notice. (969182)

PAPERLESS ORDER granting 55 Plaintiff's Unopposed Motion to File Its Opposition to Defendant's Motion to Dismiss Under Seal. Plaintiff may file an unredacted version of their Opposition to Defendant's Motion to Dismiss under seal. The documents shall remain under seal until further order of the Court. Signed by Judge Darrin P. Gayles (hs01)

PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 14, 2024, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements. The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

Unopposed MOTION to Seal per Local Rule 5.4 by Purple Innovation, LLC.

附件：

1:(Text of Proposed Order)

RESPONSE in Opposition re 35 MOTION to Dismiss 1 Complaint, filed by Purple Innovation, LLC. Replies due by 8/5/2024.

ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

ORDER DISSOLVING TEMPORARY RESTRAINING ORDER as to SelectSoma. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

PAPERLESS ORDER denying without prejudice [15] Plaintiff's Motion for a Preliminary Injunction as to SelectSoma. To obtain a preliminary injunction, a party must demonstrate "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the nonmovant; and (4) that the entry of the relief would serve the public interest." Schiavo ex. Rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005). "A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites." All Care Nursing Serv., Inc. v. Bethesda Mem'l Hosp., Inc., 887 F.2d 1535, 1537 (11th Cir. 1989) (internal quotation omitted). To establish the irreparable harm element in a patent infringement action, "a party. must establish that it is likely to suffer irreparable harm if the preliminary injunction is not granted and there is a causal nexus between the alleged infringement and the alleged harm." InVue Security Products Inc. v. Vanguard Products Group Inc., No. 8:18-cv-2538-T-33SPF, 2019 WL 4671143, at *4 (M.D. Fla. July 1, 2019) (quoting Metalcraft v. The Toro Company, 848 F.3d 1358, 1368 (Fed. Cir. 2017)). Here, Plaintiff's Motion for Preliminary Injunction and Complaint make generalized allegations against the "Defendants" listed on Schedule A without distinguishing between each Defendant. Aside from Plaintiff's submission of images of the purportedly infringing product and a few screen shots of purchases via Amazon, there is no evidence establishing a causal nexus between SelectSoma's alleged infringement and the alleged harm. While Plaintiff may be able to produce such evidence, the Motion for Preliminary Injunction and Complaint, as pled, do not satisfy Plaintiff's burden of showing irreparable harm. Signed by Judge Darrin P. Gayles (hs01)

PAPERLESS ORDER granting [49] Joint Motion to Extend Deadlines. Purple Innovation LLC's deadline to file a response to SelectSoma's Motion to Dismiss is extended to July 29, 2024. SelectSoma's deadline to file a reply in support of its Motion to Dismiss is extended to August 9, 2024. Signed by Judge Darrin P. Gayles (hs01)

Joint MOTION for Extension of Time to file Response and Reply re [35] MOTION to Dismiss [1] Complaint, by SelectSoma (5). Responses due by 8/6/2024.

附件：

1:Text of Proposed Order

SYSTEM ENTRY - Docket Entry 48 [misc] restricted/sealed until further notice. (969182)

PAPERLESS ORDER granting 45 Plaintiff's Unopposed Motion to File its Reply to Defendants' Opposition to Preliminary Injunction Under Seal. Plaintiff may file an unredacted version of their Reply in support of its Ex Parte Application for Entry of a Temporary Restraining Order and Asset Restraint, an Order for Expedited Discovery, and an Order to Show Cause for a Preliminary Injunction under seal. The documents shall remain under seal until further order of the Court. Signed by Judge Darrin P. Gayles (hs01)

PAPERLESS ORDER granting 43 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Samantha Parrish may appear and participate in this action on behalf of Purple Innovation, LLC. The Clerk shall provide electronic notification of all electronic filings to Samantha Parrish at sparrish@bsfllp.com. Signed by Judge Darrin P. Gayles (hs01)

Unopposed MOTION to Seal per Local Rule 5.4 by Purple Innovation, LLC.

附件：

1:(Text of Proposed Order)

Plaintiff's REPLY to Response to Motion re 16 Motion for Extension of Time re DE 14 filed by Purple Innovation, LLC.

附件：

1:(Exhibit A)
2:Declaration of Samantha Parrish

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samantha Parrish. Filing Fee $ 200.00 Receipt # AFLSDC-17682855 by Purple Innovation, LLC. Attorney Marshall Dore Louis added to party Purple Innovation, LLC(pty:pla). Responses due by 7/30/2024.

附件：

1:Text of Proposed Order
2:Certification of Samantha Parrish

PAPERLESS Order Resetting Hearing. **TIME CHANGE ONLY** The hearing on the Motion for Preliminary Injunction is reset to Wednesday, July 24, 2024, at 4:00 p.m. at the Wilkie D. Ferguson Jr. U.S. Courthouse, 400 North Miami Avenue, Courtroom 11-1, Miami, Florida. Signed by Judge Darrin P. Gayles (hs01)

Order

PAPERLESS ORDER granting [34] Defendant Henson Holdings, LLC d/b/a SelectSoma's ("SelectSoma") unopposed Motion to File Under Seal Exhibit A to its Response to Motion for Preliminary Injunction and Exhibit A to its Motion to Dismiss pursuant to Local Rule 5.4(b)(1). SelectSoma may file those Exhibit A documents under seal, as well as unredacted versions of its Motion to Dismiss, Response to the Motion for Preliminary Injunction, and the Declaration of Heather Henson. Redacted versions of those documents should also be filed for public view. Signed by Judge Darrin P. Gayles (hs01)

SYSTEM ENTRY - Docket Entry 41 [misc] restricted/sealed until further notice. (1678503)

SYSTEM ENTRY - Docket Entry 40 [motion] restricted/sealed until further notice. (1678503)

SYSTEM ENTRY - Docket Entry 39 [motion] restricted/sealed until further notice. (1678503)

AFFIDAVIT /Declaration In Support of Response signed by: Heather Henson re [36] Response to Motion, by SelectSoma (5)

RESPONSE to Motion re [16] Motion for Extension of Time for Motion for Preliminary Injunction filed by SelectSoma (5). Replies due by 7/17/2024.

附件：

1:Text of Proposed Order
2:Exhibit F
3:Exhibit E
4:Exhibit D
5:Exhibit C
6:Exhibit B
7:Exhibit A

MOTION to Dismiss [1] Complaint, by SelectSoma (5). Responses due by 7/24/2024.

附件：

1:Text of Proposed Order
2:Exhibit E
3:Exhibit D
4:Exhibit C
5:Exhibit B
6:Exhibit A

Unopposed MOTION to Seal per Local Rule 5.4 by SelectSoma (5).

附件：

1:Text of Proposed Order

PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Melenie Van may appear and participate in this action on behalf of Defendant Henson Holdings, LLC d/b/a SelectSoma. The Clerk shall provide electronic notification of all electronic filings Melenie Van at MVan@polsinelli.com. Signed by Judge Darrin P. Gayles (hs01)

PAPERLESS ORDER granting 30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Michael D. Pegues may appear and participate in this action on behalf of Defendant Henson Holdings, LLC d/b/a SelectSoma. The Clerk shall provide electronic notification of all electronic filings Michael D. Pegues at MPegues@polsinelli.com. Signed by Judge Darrin P. Gayles (hs01)

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Melenie Van. Filing Fee $ 200.00 Receipt # AFLSDC-17654234 by SelectSoma (5). Responses due by 7/17/2024.

附件：

1:Certification
2:Text of Proposed Order

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael D. Pegues. Pay.gov Agency Tracking ID FLSDC-17653793. Filing Fee $ 200.00 by SelectSoma (5). Attorney Nardo Dorsin added to party SelectSoma (5)(pty:dft). Responses due by 7/17/2024.

附件：

1:Text of Proposed Order
2:Certification

PAPERLESS ORDER granting [27] Motion for Extension of Time. Defendant SelectSoma shall respond to the Complaint on or before July 10, 2024. Signed by Judge Darrin P. Gayles (hs01)

Clerk's Notice to Filer re 27 Stipulation. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document.

STIPULATION to Extend Time for Defendant SelectSoma to File a Responsive Pleading to Plaintiff's Complaint by Purple Innovation, LLC.

附件：

1:(Text of Proposed Order) Modified to convert document to a motion on 6/27/2024 (ebz)

STIPULATION of Dismissal of Certain Claims with Respect to Defendant SelectSoma (DOE 5) by Purple Innovation, LLC

CERTIFICATE OF SERVICE by Purple Innovation, LLC in Compliance with DE 15

附件：

1:(Affidavit of Service re Defendant SelectSoma)

PAPERLESS ORDER on [23] the Joint Stipulation to Extend Deadline for Defendant SelectSoma to Respond to Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order as to Defendant SelectSoma. SelectSoma, shall respond to Plaintiff's Motion for Preliminary Injunction on or before July 10, 2024. As SelectSoma is the only Defendant who has appeared in this action, the Court finds good cause to extend the Temporary Restraining Order and continue the hearing on the Motion for Preliminary Injunction to Wednesday, July 24, 2024, at 2:30 p.m. at the Wilkie D. Ferguson Jr. U.S. Courthouse, 400 North Miami Avenue, Courtroom 11-1, Miami, Florida. Signed by Judge Darrin P. Gayles (hs01)

STIPULATION to Extend Deadline for Defendant SelectSoma to Respond to Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order as to Defendant SelectSoma by Purple Innovation, LLC

附件：

1:(Text of Proposed Order)

NOTICE OF POSTING BOND by Purple Innovation, LLC re [21] Clerk's Receipt.

Clerks Receipt for posting bond per order of the court (DE#15) received on 6/7/2024 in the amount of $ 10,000.00, receipt number FLS287713.

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Aiouarc (1), Cheng Li SHop (2), ChenKunUS (3), LiTaoUS (4) and SelectSoma (5).

Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A.

NOTICE of Filing Proposed Summons(es) by Purple Innovation, LLC

附件：

1:Proposed Summons

Deadline(s)/Hearing(s) terminated. (hs01)

PAPERLESS ORDER GRANTING IN PART 16 Plaintiff's Motion to Extend Ex Parte Temporary Restraining Order, Reschedule Hearing on Its Motion for Preliminary Injunction and Extend the Briefing Deadlines. The Court finds good cause to extend the Temporary Restraining Order and continue the hearing on the Motion for Preliminary Injunction to Wednesday, June 12, 2024, at 11:00 a.m. at the Wilkie D. Ferguson Jr. U.S. Courthouse, 400 North Miami Avenue, Courtroom 11-1, Miami, Florida. Any response to Plaintiff's Motion for Preliminary Injunction must be filed and served on Plaintiff's counsel by June 10, 2024. Plaintiff shall file any reply on or before June 11, 2024. Signed by Judge Darrin P. Gayles (hs01)

Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order, Reschedule Hearing on its Motion for Preliminary Injunction and Extend the Briefing Deadlines by Purple Innovation, LLC.

附件：

1:Declaration of Rossana Baeza
2:Text of Proposed Order

Order

SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (1811244)

SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice.

SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (1811244)

PAPERLESS ORDER granting 7 Motion to Exceed Page Limitation. Plaintiff is granted leave to file a 22 page Ex Parte Motion for Temporary Restraining Order, Asset Restraint, Expedited Discovery, Transfer of the Defendant Internet Stores, and an Order to Show Cause as to Why a Preliminary Injunction Should Not Issue. Signed by Judge Darrin P. Gayles (hs01)

SYSTEM ENTRY - Docket Entry 15 [order] restricted/sealed until further notice.

PAPERLESS ORDER granting 9 Motion to Seal. Schedule A to Plaintiff's Complaint shall be filed under seal and shall remain under seal until further Order of this Court. Signed by Judge Darrin P. Gayles (hs01)

Plaintiff's MOTION to Seal per Local Rule 5.4 by Purple Innovation, LLC.

附件：

1:Text of Proposed Order

Order

Plaintiff's MOTION for Leave to File Excess Pages by Purple Innovation, LLC.

附件：

1:Text of Proposed Order

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Purple Innovation, LLC

PAPERLESS ORDER directing Plaintiff to file Schedule A to its Complaint on or before May 3, 2024. Plaintiff may file Schedule A under seal. Signed by Judge Darrin P. Gayles (hs01)

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website.

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17441699, filed by Purple Innovation, LLC.

附件：

1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Civil Cover Sheet)