TushBaby, Inc. v. Jinjang Kangbersi Trade Co, Ltd. et al

Filing 125

ORDER moot 92 Motion to Dismiss; moot 103 Motion to Vacate. Having been advised at ECF No. 123 that all claims asserted herein against Defendants Jinjiang Kangbeisi Trading Co., Ltd., Wenxi Wuyuan E-Commerce Co., Ltd. d/b/a BogiWell Direct, a nd Guangzhou City Woma International Trade Co. Ltd. d/b/a Cogesu US have been settled in principle, the Court directs the Clerk of Court to terminate the listed Defendants from this action, without prejudice to the right to reopen the action as to these Defendants within sixty days of the date of this Order if the settlement is not consummated. Unless and until the Court orders otherwise, however, the preliminary injunction entered at ECF No. 81 remains in effect. To be clear, any applicat ion to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Co urt to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 5.B of the Court's Ind ividual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. In light of the settlement in principle, the pend ing motions filed by these three Defendants, see ECF Nos. 92, 103, are moot. The Clerk of Court is directed to terminate ECF Nos. 92 and 103 and to terminate Jinjiang Kangbeisi Trading Co., Ltd., Wenxi Wuyuan E-Commerce Co., Ltd. d/b/a BogiWell Direct, and Guangzhou City Woma International Trade Co. Ltd. d/b/a Cogesu US as Defendants from this action. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/4/2025) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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TUSHBABY, INC.,
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Plaintiff,
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-v:
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JINJANG KANGBERSI TRADE CO, LTD et al.,
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Defendants.
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24-CV-6150 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Having been advised at ECF No. 123 that all claims asserted herein against Defendants
Jinjiang Kangbeisi Trading Co., Ltd., Wenxi Wuyuan E-Commerce Co., Ltd. d/b/a BogiWell
Direct, and Guangzhou City Woma International Trade Co. Ltd. d/b/a Cogesu US have been
settled in principle, the Court directs the Clerk of Court to terminate the listed Defendants from
this action, without prejudice to the right to reopen the action as to these Defendants within sixty
days of the date of this Order if the settlement is not consummated. Unless and until the Court
orders otherwise, however, the preliminary injunction entered at ECF No. 81 remains in effect.
To be clear, any application to reopen must be filed by the aforementioned deadline;
any application to reopen filed thereafter may be denied solely on that basis. Further, requests
to extend the deadline to reopen are unlikely to be granted.
If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any
settlement agreement, they must submit the settlement agreement to the Court by the deadline to
reopen to be “so ordered” by the Court. Per Paragraph 5.B of the Court’s Individual Rules and
Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction
to enforce a settlement agreement unless it is made part of the public record.

In light of the settlement in principle, the pending motions filed by these three
Defendants, see ECF Nos. 92, 103, are moot. The Clerk of Court is directed to terminate ECF
Nos. 92 and 103 and to terminate Jinjiang Kangbeisi Trading Co., Ltd., Wenxi Wuyuan ECommerce Co., Ltd. d/b/a BogiWell Direct, and Guangzhou City Woma International Trade Co.
Ltd. d/b/a Cogesu US as Defendants from this action.
SO ORDERED.
Dated: March 4, 2025
New York, New York

_______________________________
JESSE M. FURMAN
United States District Judge

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