AJB Enterprises, LLC v. Doe et al

Filing 17

ORDER TO SHOW CAUSE. Show Cause Hearing set for 1/5/2017 2:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden.Signed by Judge Victor A. Bolden on 1/3/2017. (Ghosh, S.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

AJB ENTERPRISES, LLC,
Plaintiff,
v.
JOHN DOE I,
JOHN DOE II,
JOHN DOE III,
JOHN DOE IV, and
AMAZON.COM INC.
Defendants.

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Case No. 16-cv-2117

ORDER TO SHOW CAUSE
Plaintiff, AJB Enterprises LLC is a Connecticut limited liability company that
manufactures and sells massage and fitness related products, including the Body Back Buddy
trigger point massage tool. Compl, ECF No. 1, 10. Plaintiff filed this action against
Amazon.com, which sells the Back Buddy, and several unnamed defendants (“the John Doe
Defendants”). The Complaint alleges that the John Doe Defendants violated the Lanham Act,
the Racketeer Influenced Corrupt Organizations Act, and Plaintiff’s rights under Connecticut
state common law. Id. at Counts 1-7. Specifically, AJB alleges that the John Doe Defendants
made false and malicious representations using software programs designed by Defendant
Amazon to police intellectual property infringement, causing Amazon to erroneously remove the
Back Buddy from its online marketplace. Id. at 1.
AJB has also requested a Temporary Restraining Order enjoining the John Doe
Defendants “from filing complaints or taking any action whatsoever, of any kind or nature,
against Plaintiff AJB Enterprises LLC.” Pl.’s Amd. Mot. for Temp. Restraining Order and Order

to Show Cause, ECF No. 5, at 2. On December 29, 2016, the Court scheduled a telephonic status
conference to discuss AJB’s request for preliminary injunctive relief for for Tuesday, January 3,
2017 at 3:30 p.m. EST. Scheduling Order, ECF No. 15. Neither defendant appeared at the
conference. Attorney Anthony Handal appeared on behalf of the Plaintiffs and represented that
AJB was resolving its dispute with Amazon out of court.
The Court has considered the Complaint, the exhibits thereto, and AJB’s amended motion
for preliminary relief. At this point, the Court makes no determinations as to these motions.
Upon considering AJB’s allegations, however, IT IS HEREBY ORDERED THAT:
1. The John Doe Defendants show cause why the Court should not grant Plaintiff’s
motion for a Temporary Restraining Order, to the extent that it applies to the John
Doe Defendants, or issue other similar relief.
2. The John Doe Defendants are ordered to make this showing at an evidentiary hearing
before the undersigned at 2:00 p.m. on January 5, 2016 in Courtroom Two of the
United States Courthouse, 915 Lafayette Boulevard, Bridgeport, Connecticut 06604.
3. Plaintiff shall serve a copy of this order upon the John Doe Defendants no later than
January 4, 2016, and shall file proof of such service on the docket by that date.
4. Plaintiff also shall be prepared to submit evidence in support of its requests for relief
at the January 5, 2016 hearing.
SO ORDERED at Bridgeport, Connecticut this 3rd day of January, 2017.
/s/ Victor Bolden
n
VICTOR A. BOLDEN
UNITED STATES DISTRICT JUDGE