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2026-cv-03777

HMS Holdings, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A

法院:纽约南区法院
发案日期:2026-05-07
原告:HMS Holdings, LLC
代理律所:Whitewood
诉讼类型:商标
# Date Description
[+] 1 2026-05-07 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. (Filing Fee $ 405.00, Receipt Number ANYSDC-32811116)Document filed by HMS Holdings, LLC.
2 2026-05-07 CIVIL COVER SHEET filed.
3 2026-05-07 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
4 2026-05-07 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HMS Holdings, LLC.
5 2026-05-07 NOTICE OF APPEARANCE by Shengmao Mu on behalf of HMS Holdings, LLC.
[+] 6 2026-05-07 MOTION to Seal certain documents. Document filed by HMS Holdings, LLC.
[+] 7 2026-05-08 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).
8 2026-05-08 EX PARTE MOTION for Temporary Restraining Order. Document filed by HMS Holdings, LLC. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
9 2026-05-08 MEMORANDUM OF LAW in Support re: 8 EX PARTE MOTION for Temporary Restraining Order. Document filed by HMS Holdings, LLC.
10 2026-05-08 DECLARATION of Shengmao Mu in Support re: 8 EX PARTE MOTION for Temporary Restraining Order. Document filed by HMS Holdings, LLC.
11 2026-05-08 DECLARATION of Jay Paragoso in Support re: 8 EX PARTE MOTION for Temporary Restraining Order. Document filed by HMS Holdings, LLC.
12 2026-05-08 ***SEALED***REDACTION to 1 Complaint, Complaint containing Defendant information and Schedule A by HMS Holdings, LLC Motion or Order to File Under Seal: 6.
13 2026-05-08 ***SEALED***REDACTION to 12 Redacted Document Exhibit 2 - Infringing Evidence by HMS Holdings, LLC Motion or Order to File Under Seal: 6.
14 2026-05-08 ***SEALED***REDACTION to 10 Declaration in Support of Motion Exhibit 1 - Mu Declaration - Address lookup by HMS Holdings, LLC Motion or Order to File Under Seal: 6.
[+] 15 2026-05-08 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by HMS Holdings, LLC. Related Document Number: 8. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
16 2026-05-11 ORDER granting 6 Letter Motion to Seal: Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
[+] 17 2026-05-11 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below, as further set forth herein. As sufficient cause has been shown, within five (5) days of receipt of service of this Order, the Financial Institutions shall provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institutions' possession, custody, or control): as further set forth herein. Pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service of this Order and the Summons and Complaint may be made on, and shall be deemed effective as to, each if the enumerated Defendants if it is completed by the following means, as further set forth herein. The Clerk of Court is directed to issue a single original summons in the name of "The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint" that shall apply to all Defendants. Plaintiff shall deposit with the Court One Thousand, Five Hundred Dollars ($1,500.00), either cash, cashier's check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Plaintiff's Schedule A, attached to the Complaint, Plaintiff's unredacted version of the Complaint, Exhibit 2 showing the Seller Aliases' infringement, and Exhibit 1 to Mu Declaration showing Plaintiff's efforts to verify Defendants' addresses, shall be sealed and remain sealed until the Defendants' Accounts and the Defendants' Assets are restrained. 10. Plaintiff shall file unsealed versions of Plaintiff's Schedule A attached to the Complaint, Plaintiff's unredacted version of the Complaint, Exhibit 2 showing the Defendant Seller Aliases' alleged infringement, and Exhibit 1 to Mu Declaration showing Plaintiff's efforts to verify Defendants' addresses using the CM/ECF system prior to the expiration of this Order when Financial Institutions have confirmed that Defendants' funds have been frozen and Plaintiff has properly served Defendants with the Summons and the Complaint, whichever comes later. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held on May 26, 2026 at 10:30 a.m. in which Plaintiff may present its arguments in support of its request for issuance of a preliminaryinjunction. At such time, any Defendants may also be heard in opposition to Plaintiff's Application. The parties should call (855) 244-8681 at the scheduled time. The attendee ID number is 2312-828-7066 ##. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before May 18, 2026. This Temporary Restraining Order without notice is entered on May 11, 2026, and shall remain in effect for fourteen (14) days. Motions terminated: 8 EX PARTE MOTION for Temporary Restraining Order. filed by HMS Holdings, LLC., (Responses due by 5/18/2026, Telephone Conference set for 5/26/2026 at 10:30 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 5/11/2026) (vfr) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
18 2026-05-20 BOND ON INJUNCTION # S-412918 in the amount of $ 1,500.00 posted by HMS Holdings, LLC.
19 2026-05-21 LETTER MOTION to Continue hearing for Order to Show Cause and TRO extension addressed to Judge J. Paul Oetken from Shengmao Mu dated May 21, 2026. Document filed by HMS Holdings, LLC.
20 2026-05-22 ORDER granting 19 Letter Motion to Continue: Granted. The Temporary Restraining Order entered by the Court on May 11, 2026 is hereby extended to June 8, 2026. Defendants' deadline to file and serve opposing papers is hereby extended to June 1, 2026. The show cause hearing for a preliminary injunction currently scheduled for May 26, 2026 is hereby adjourned to June 8, 2026 at 10:30 a.m. The parties should call (855) 244-8681 at the scheduled time. The attendee ID number is 2312-828-7066 ##. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order)
21 2026-05-22 NOTICE OF APPEARANCE by Keaton David Smith on behalf of HMS Holdings, LLC.