UL LLC v. Rynders et al

Filing 27

STIPULATED PRELIMINARY INJUNCTION and ORDER to EXPEDITE DISCOVERY signed by District Judge Troy L. Nunley on 5/28/15. Defendants, their officers, agents, servants, employees and any persons in active concert or participation with them, are hereby en joined and restrained from the activities set forth in this order. Nothing in this order shall prevent parties from reaching an agreement as to storage, transportation, testing or other disposition of the counterfeit goods. Defendants shall immediate ly turn over to their counsel all goods, means and records set forth in this order. Counsel shall make all items and documents set forth in this order available for inspection and copying no later than 6/3/15. Defendants shall identify customers and suppliers no later than 5/25/15. Defendants' counsel shall work with UL to arrange the forensic imaging of Rebecca Zhu's PC and mobile phone no later than 5/27/15. Protocol shall be established by parties for review and production of forensic images by 6/3/15. The Clerk is directed to lift the seal in this matter. Discovery may begin immediately, and the time for responding to requests for admission, interrogatories and document requests is shortened to 18 days. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UL LLC,

CASE NO. 1:15-cv-703-TLN-SAB

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Plaintiff,
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v.
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STIPULATED PRELIMINARY INJUNCTION
AND ORDER FOR EXPEDITED DISCOVERY

Rebecca Rynders aka Rebecca Zhu, and
individual, and Zimpex Inc., a California
Corporation, and John Does 1-20, individuals,
Defendants.

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STIPULATED ORDER

CASE NO. 1:15-cv-703-TLN-SAB

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STIPULATED PRELIMINARY INJUNCTION AND ORDER FOR EXPEDITED DISCOVERY

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Plaintiff UL LLC, and Defendants Rebecca Rynders aka Rebecca Zhu and Zimpex Inc.
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(“Defendants”), hereby stipulate and agree as follows:
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1.

UL moved for a temporary restraining order, preliminary injunction, seizure order, and

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expedited discovery pursuant to Federal Rule of Civil Procedure 65 and the Lanham Act, 15 U.S.C. §§
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1051, et seq. as amended by the Trademark Counterfeiting Act of 1984, Public Law 98-473 (the
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“Lanham Act”). The Court granted UL’s motion on May 8, 2015 and entered a temporary restraining
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order on May 11, 2015.
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2.

Defendants stipulate and agree to the entry of a preliminary injunction, as set forth below,

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and stipulate and agree to the immediate turnover of goods bearing counterfeit UL marks and documents
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relating to goods bearing counterfeit UL marks, and corresponding expedited discovery, as set forth
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below.
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THEREFORE, IT IS HEREBY ORDERED that:
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(a)

Defendants, their officers, agents, servants, employees, and any persons in active concert

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or participation with them, are hereby enjoined and restrained from:
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(i)

using the UL Marks or any reproduction, counterfeit, copy or colorable imitation

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of the UL Marks in connection with the manufacture, advertisement, offer for sale and/or
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sale of merchandise not authorized by UL, or in any manner likely to cause others to
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believe that the Counterfeit Products are connected with UL or the genuine UL Marks;
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and
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(ii)

passing off any labels or other goods that are not authorized UL Marks, as and for

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the UL Marks; and
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(iii)

committing any other acts calculated to cause purchasers to believe that

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Defendants’ products bear authorized UL Marks unless they are such; and
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STIPULATED ORDER

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CASE NO. 1:15-cv-703-TLN-SAB

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(iv)

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otherwise moving, storing or disposing of in any manner labels or other items falsely

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bearing the UL Marks, or any reproduction, counterfeit, copy or colorable imitation of

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same;

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(b)

shipping, delivering, holding for sale, distributing, returning, transferring or

moving, destroying, or otherwise disposing of any products, labels, or other items,

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merchandise or documents bearing, relating to or used for reproducing the UL Marks or any

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reproduction, counterfeit, copy or colorable imitation thereof; or

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(c)

removing, destroying or otherwise disposing of any computer tapes or disks, business

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records or documents relating in any way to the manufacture, acquisition, purchase, distribution,

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offering for sale or sale of goods bearing the UL Marks or any reproduction, counterfeit, copy or

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colorable imitation thereof.

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IT IS FURTHER ORDERED that nothing in this order shall prevent the parties from reaching
agreement as to storage, transportation, testing, or other disposition of the counterfeit goods.

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IT IS FURTHER ORDERED that,

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(a)

Defendants shall immediately turn over to their counsel:
All goods or merchandise in Defendants’ possession, custody, or control, bearing

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(i)

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or intended to bear any counterfeit, copy, or substantially indistinguishable imitation of

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one or more of the UL Marks;

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(ii)

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designations of or for any UL Marks; and

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(iii)

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manufacture, testing, certification, sale, offer for sale, distribution, or receipt of any

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goods or services in association with the UL Marks.

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(b)

All means of making any counterfeits, copies, or substantially indistinguishable

All records documenting or reasonably appearing to document or relate to the

Defendants’ counsel shall make all documents and things set forth above available for

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inspection and copying no later than June 3, 2015;

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STIPULATED ORDER

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CASE NO. 1:15-cv-703-TLN-SAB

(c)

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Defendants shall identify all customers who received products bearing UL Marks from

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Defendants, including the dates, quantities, descriptions, customer name, customer address, and all other

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pertinent information for each transaction involving products bearing UL Marks, no later than May 25,

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2015;
(d)

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Defendants shall identify their supplier(s) of all products bearing UL Marks, including

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the dates, quantities, descriptions, supplier name, shipping addresses, and other pertinent information for

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each transaction involving UL marks, no later than May 25, 2015;
(e)

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As part of Defendants’ obligation to turn over relevant documents and records,

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Defendants shall provide UL with an inventory of electronic media, including hard drives, thumb drives,

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and mobile devices in Defendants’ possession, custody or control, along with a description of the

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records stored on each device, no later than June 3, 2015;
(f)

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As part of Defendants’ obligation to turn over relevant documents and records,

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Defendants’ counsel shall work with UL to arrange the forensic imaging of (a) Rebecca Zhu’s mobile

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phone, and (b) hard drives within Rebecca Zhu’s desktop computer, no later than May 27, 2015. The

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parties shall work together to establish a protocol for review and production of information from these

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forensic images by June 3, 2015.
(g)

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Defendants’ counsel, as substitute custodian for the Court, shall maintain possession of

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all documents and things turned over by Defendants pursuant to this order, until the final disposition of

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this litigation.
IT IS FURTHER ORDERED, that the Clerk is directed to lift the seal currently in place in this

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matter.

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IT IS FURTHER ORDERED, that discovery may begin immediately, and that the time for

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responding to requests for admissions, interrogatories, and document requests is hereby shortened to

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eighteen (18) days.

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///

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STIPULATED ORDER

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CASE NO. 1:15-cv-703-TLN-SAB

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IT IS SO ORDERED.
Dated: May 28, 2015

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Troy L. Nunley
United States District Judge

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STIPULATED ORDER

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CASE NO. 1:15-cv-703-TLN-SAB