Stanley Black & Decker, Inc. et al v. D&L Elite Investments, LLC et al

Filing 187

ORDER GRANTING PLAINTIFF'S APPLICATION FOR NAMES TO BE ADDED TO WRIT OF EXECUTION re 186 Affidavit, filed by The Black & Decker Corporation, Stanley Black & Decker, Inc. Signed by Judge Samuel Conti on March 6, 2015. (sclc1, COURT STAFF) (Filed on 3/6/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

For the Northern District of California

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STANLEY BLACK & DECKER, INC.;
and THE BLACK & DECKER
CORPORATION,

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)
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Plaintiffs,
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v.
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D&L ELITE INVESTMENTS, LLC; BAY )
INTERNATIONAL; BILLY DENG; and )
WEISHEN LUO,
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Defendants.
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Case No. 12-cv-04516-SC
ORDER GRANTING PLAINTIFF'S
APPLICATION FOR NAMES TO BE
ADDED TO WRIT OF EXECUTION

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This is a copyright infringement and unfair competition

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action.

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and at least one of them has fled to China.

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("Magistrate Rpt.") at 9-12.

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favor of Plaintiffs and against defendants D&L Elite Investments,

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LLC; Billy Deng; and Weishen Luo on July 28, 2014.

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169 ("DJ Order"), 170 ("DJ").

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of identity to enforce the amended judgment to add additional names

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for Defendants.

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Defendants have declined to participate in this matter,
See ECF No. 167

The Court entered default judgment in

See ECF Nos.

Plaintiffs have filed an affidavit

Under Federal Rule of Civil Procedure 69(a), "[t]he procedure

judgment or execution -- must accord with the procedure of the

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state where the court is located."

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California Code of Civil Procedure Section 669.510, "a writ of

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execution shall be issued in the name of the judgment debtor as

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listed on the judgment" but "may include the additional name or

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names by which the judgment debtor is known as set forth in the

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United States District Court

on execution -- and in proceedings supplementary to and in aid of

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For the Northern District of California

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affidavit of identity, as defined in Section 680.135, filed by the

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judgment creditor with the application for issuance of the writ of

Fed. R. Civ. P. 69(a).

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execution."

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approve the affidavit of identity before additional names may be

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included on the writ of execution.

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determines, without a hearing or a notice, that the affidavit of

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identity states sufficient facts upon which the judgment creditor

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has identified the additional names of the judgment debtor, the

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court shall authorize the issuance of the writ of execution with

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the additional name or names."

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Cal. Code Civ. Proc. § 699.510(c)(1).

Under

See id.

A court must

"If the court

Id.

Plaintiffs seek to add several aliases of the three defendants

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against which the Court entered judgment.

Plaintiffs have

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submitted the required affidavit.

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For the most part, the additional names and aliases Plaintiffs seek

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to add are merely alternate spellings, names using abbreviations,

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reordered names, and names that include (or omit) middle names.

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See id.

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indicating that Defendants used these additional names in

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conjunction with the transactions at issue in this case.

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Aff. Exs. A-E.

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same addresses for those alternate names.

See ECF No. 186 ("Keats Aff.").

Plaintiffs have also attached records from PayPal

See Keats

The records also show that Defendants supplied the

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Id.

Finally, Plaintiffs

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provide the results of Lexis Comprehensive Person Reports as

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evidence of the names and aliases used by Defendants Weishen Luo

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and Billy Deng.

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affidavit and attached exhibits state sufficient facts justifying

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the inclusion of the names Plaintiffs request.

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Id. Exs. D-E.

The Court concludes that the

Accordingly, pursuant to California Code of Civil Procedure

United States District Court

Section 680.135, and good cause showing, it is ORDERED that the

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For the Northern District of California

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term "Judgment Debtors" include the names and aliases below, and

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may be added to the Writs of Execution of the Amended Judgment:

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1)

For Defendant D&L Elite Investments, LLC d/b/a G Bay

International:

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a.

D&L Elite Investments LLC

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b.

G Bay

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c.

G Bay Inc

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d.

G International inc

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e.

Gb

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f.

Gbay company LLC

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g.

GBay International Inc

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h.

GreenBay Company LLC

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i.

D & L ELITE INVESTMENTS LLC

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j.

G BAY COMPANY LLC

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k.

G BAY INTERNATIONAL INC.

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l.

G. BAY INTERNATIONAL, INC.

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2)

For Defendant Weishen Luo:

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a.

SUNDY LUO

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b.

WEI LUO

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WEI S LUO

d.

WEIAHEN LUO

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e.

WEISHEN WILSON LUO

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f.

WEI-SHEN LUO

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g.

WETSHEN LUO

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h.

WEI SHEN LUO

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i.

LUO WEISHEN

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United States District Court

c.

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For the Northern District of California

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j.

WEISHEN WILSON LUO

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3)

For Defendant Billy Deng:

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a.

BILLY Q BENG

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b.

QUAN B BENG

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c.

QUAN BIN BENG

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d.

B QUANBIN DENG

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e.

BILL DENG

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f.

BILL T DENG

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g.

BILL TANG DENG

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h.

BILLY B DENG

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i.

BILLY Q DENG

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j.

BILLY QUAN DENG

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k.

BILLY QUANBIN DENG

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l.

Q DENG

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m.

QUAN DENG

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n.

QUANBIN DENG

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o.

QUANBIN B DENG

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p.

QUANBIN BIN DENG

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q.

QUANBIN DENG

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r.

BILLY DENG QUANBIN

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s.

BILLY QUANBIN

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t.

BILL Q YANG

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IT IS SO ORDERED.

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Dated: March 6, 2015

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UNITED STATES DISTRICT JUDGE

United States District Court

For the Northern District of California

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