Annie S. Wang (SBN 243027) [email protected] J. Andrew ...

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Seiko Epson Corporation v. Benedychuk, et al.: Request for Entry of Default

Annie S. Wang (SBN 243027) [email protected] J. Andrew Coombs, Of Counsel (SBN 123881) [email protected] Wang Law Corporation 1150 Foothill Boulevard, Suite E La Cañada Flintridge, California 91011 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 Attorneys for Plaintiffs Seiko Epson Corporation and Epson America, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA Seiko Epson Corporation and Epson America, Inc., Plaintiffs, v. Oleksandr Benedychuk; Wisemine Trading Ltd.; Vasyl Kedyk; Sitrol Intertrading Ltd. A/K/A Kekrodi Intertrading Ltd.; Denis Smotrov; Denis Smotrov LLC; Anton Hashynov; Vladislav Bondarenko; Viktor Boiko; Laszlo Kedik; Andrey Klimenko; Iurii Ganychenko; Andriy Stebliv; Larysa Ponomarenko; Volodymyr Shevchun; Liliia Stakhova; Veleriya Kosolapova; Nina Kozlova; Denis Evseev; Tymur Isaiev; Ihor Kobylinskyi; Vladyslav Pankov; Andrii Pavlov; Roman Kholodov; Anton Kovalkov; Oleksandr Bobyr; and Does 1-10, inclusive,

Defendants.

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Case No. 2:18-cv-07560-AB (FFMx) REQUEST FOR ENTRY OF DEFAULT; DECLARATION AND EXHIBIT IN SUPPORT THEREOF

Case 2:18-cv-07560-AB-FFM Document 98 Filed 04/10/20 of 18 Page ID #:2016

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Plaintiffs Seiko Epson Corporation and Epson America, Inc. (collectively

“Plaintiffs”) hereby request that the Clerk of the above-entitled Court enter default in

this matter against Defendants Wisemine Trading Ltd., Vasyl Kedyk, Sitrol

Intertrading Ltd. A/K/A Kekrodi Intertrading Ltd., Denis Smotrov, Denis Smotrov

LLC, Anton Hashynov, Vladislav Bondarenko, Viktor Boiko, Laszlo Kedik, Andrey

Klimenko, Iurii Ganychenko, Liliia Stakhova, Veleriya Kosolapova, Denis Evseev

and Ihor Kobylinskyi (collectively “Defendants”) on the grounds that Defendants

have failed to appear or otherwise respond to the First Amended Complaint in this

action within the time prescribed by the Federal Rules of Civil Procedure.

Defendant Vladislav Bondarenko was served with the Summons and First

Amended Complaint pursuant to substituted service on or about June 20, 2019.

Docket No. 86.

Defendants Vasyl Kedyk, Denis Smotrov, Denis Smotrov LLC, Anton

Hashynov, Laszlo Kedik, Iurii Ganychenko, Veleriya Kosolapova, and Ihor

Kobylinskyi were served with the Summons and First Amended Complaint via email

pursuant to the Court’s Order Granting Plaintiffs’ Ex Parte Application For Order

For Alternative Email Service, And For Extension Of Time To Serve (Docket No.

89), on or about August 22, 2019. Docket Nos. 90, 93.

Defendants Wisemine Trading Ltd. and Sitrol Intertrading Ltd. A/K/A

Kekrodi Intertrading Ltd., were served with the Summons and First Amended

Complaint on or about October 22, 2019 and October 30, 2019, respectively,

pursuant to the Hague Convention. Docket No. 95.

Defendants Viktor Boiko, Andrey Klimenko, Liliia Stakhova, and Denis

Evseev were served with the Summons and First Amended Complaint via email

pursuant to the Court’s Order Granting Plaintiffs’ Second Ex Parte Application For

Order For Alternative Email Service (Docket No. 92), on or about February 3, 2020.

Docket No. 94.


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The proofs of service for the Defendants were previously filed with the Court

on or about August 14, 2019 (Docket No. 86), January 22, 2020 (Docket No. 90),

February 4, 2020 (Docket Nos. 93 and 94), and February 24, 2020 (Docket No.95).

The above stated facts are set forth in the accompanying declaration of Annie

S. Wang filed herewith.

Dated: April 10, 2020 Wang Law Corporation

By: _/s/ Annie S. Wang__________________ Annie S. Wang J. Andrew Coombs, Of Counsel

Attorneys for Plaintiffs Seiko Epson Corporation and Epson America, Inc.


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DECLARATION OF ANNIE S. WANG

I, ANNIE S. WANG, declare as follows:

1. I am an attorney at law, duly admitted to practice before the Courts of

the State of California and the United States District Court for the Central District of

California. I am an attorney for Plaintiffs Seiko Epson Corporation and Epson

America, Inc. (collectively “Plaintiffs”), in an action styled Seiko Epson

Corporation, et al. v. Benedychuk, et al., case number CV18-7560 AB (FFMx). I

make this Declaration in support of Plaintiffs’ request that the Court Clerk enter

default in this matter against Defendants Wisemine Trading Ltd., Vasyl Kedyk,

Sitrol Intertrading Ltd. A/K/A Kekrodi Intertrading Ltd., Denis Smotrov, Denis

Smotrov LLC, Anton Hashynov, Vladislav Bondarenko, Viktor Boiko, Laszlo

Kedik, Andrey Klimenko, Iurii Ganychenko, Liliia Stakhova, Veleriya Kosolapova,

Denis Evseev and Ihor Kobylinskyi (collectively “Defendants”). Except as

otherwise expressly stated to the contrary, I have personal knowledge of the

following facts and, if called as a witness, I could and would competently testify as

follows:

2. Defendant Vladislav Bondarenko was served with the Summons and

First Amended Complaint pursuant to substituted service on or about June 20, 2019.

Docket No. 86.

3. Defendants Vasyl Kedyk, Denis Smotrov, Denis Smotrov LLC, Anton

Hashynov, Laszlo Kedik, Iurii Ganychenko, Veleriya Kosolapova, and Ihor

Kobylinskyi were served with the Summons and First Amended Complaint via email

pursuant to the Court’s Order Granting Plaintiffs’ Ex Parte Application For Order

For Alternative Email Service, And For Extension Of Time To Serve (Docket No.

89), on or about August 22, 2019. Docket Nos. 90, 93.

4. Defendants Wisemine Trading Ltd. and Sitrol Intertrading Ltd. A/K/A

Kekrodi Intertrading Ltd., were served with the Summons and First Amended


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Complaint on or about October 22, 2019 and October 30, 2019, respectively,

pursuant to the Hague Convention. Docket No. 95.

5. Defendants Viktor Boiko, Andrey Klimenko, Liliia Stakhova, and Denis

Evseev were served with the Summons and First Amended Complaint via email

pursuant to the Court’s Order Granting Plaintiffs’ Second Ex Parte Application For

Order For Alternative Email Service (Docket No. 92), on or about February 3, 2020.

Docket No. 94.

6. The proofs of service for the Defendants were previously filed with the

Court on or about August 14, 2019 (Docket No. 86), January 22, 2020 (Docket No.

90), February 4, 2020 (Docket Nos. 93 and 94), and February 24, 2020 (Docket

No.95).

7. Despite service of the Summons and First Amended Complaint as well as

additional instances of notice to the email addresses associated with the Amazon

Seller Accounts at issue in this case, I am unaware of any responses or contacts from

any of the Seller Account email addresses, any of the Defendants, or anyone

representing the Defendants regarding this case.

8. I am unaware of any Answer that has been accepted by the Court and

have confirmed this on PACER on April 10, 2020. A true and correct copy of the

PACER docket sheet I reviewed on April 10 2020, is attached hereto as Exhibit A. I

am informed and believe that there has been no response to the Complaint from

Defendants.

I declare under penalty of perjury that the foregoing is true and correct under

the laws of the United States of America.

Executed this 10th day of April 2020, at La Cañada Flintridge, California.

___/s/ Annie S. Wang____________ ANNIE S. WANG


EXHIBIT A

EXHIBIT A


(FFMx),AO120,DISCOVERY,MANADR

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)

CIVIL DOCKET FOR CASE #: 2:18-cv-07560-AB-FFM

Seiko Epson Corporation et al v. Seller Account ADUNIS et alAssigned to: Judge Andre Birotte JrReferred to: Magistrate Judge Frederick F. MummCause: 15:1114 Trademark Infringement

Date Filed: 08/30/2018Jury Demand: PlaintiffNature of Suit: 840 TrademarkJurisdiction: Federal Question

Plaintiff

Seiko Epson Corporation represented by Annie S Wang Wang Law Corporation 1150 Foothill Boulevard Suite E La Canada Flintridge, CA 91011 818-500-3200Fax: 818-500-3201Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

James Andrew Coombs Wang Law Corporation 1150 Foothill Boulevard Suite E La Canada Flintridge, CA 91011 818-500-3200Fax: 818-500-3201Email: [email protected] TO BE NOTICED

Plaintiff

Epson America, Inc. represented by Annie S Wang (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

James Andrew Coombs (See above for address) ATTORNEY TO BE NOTICED

V.

Defendant

Seller Account ADUNISTERMINATED: 05/17/2019

Defendant

Seller Account ALIMOSHTERMINATED: 05/17/2019

Defendant

Seller Account APILETTERMINATED: 05/17/2019

Defendant

Seller Account BARBUSTERMINATED: 05/17/2019

Defendant

Seller Account BNILONTERMINATED: 05/17/2019

CM/ECF - California Central District Page 1 of 9

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?764325034782-L_1_0-1 4/10/2020

EXHIBIT A


Defendant

Seller Account Buy and SmileTERMINATED: 05/17/2019

Defendant

Seller Account IPAOLIKTERMINATED: 05/17/2019

Defendant

Seller Account LATIKTERMINATED: 05/17/2019

Defendant

Seller Account LEVITAKTERMINATED: 05/17/2019

Defendant

Seller Account LINDOSTERMINATED: 05/17/2019

Defendant

Seller Account LIRIOTERMINATED: 05/17/2019

Defendant

Seller Account LISITSATERMINATED: 05/17/2019

Defendant

Seller Account MARULATERMINATED: 05/17/2019

Defendant

Seller Account NEVISTERMINATED: 05/17/2019

Defendant

Seller Account NORTONNTERMINATED: 05/17/2019

Defendant

Seller Account PALISOTATERMINATED: 05/17/2019

Defendant

Seller Account PINTURASTERMINATED: 05/17/2019

Defendant

Seller Account RIALTITERMINATED: 05/17/2019

Defendant

Seller Account RITTELTERMINATED: 05/17/2019

Defendant

Seller Account RUMBIKTERMINATED: 05/17/2019

Defendant

Seller Account SHALIMTERMINATED: 05/17/2019



EXHIBIT A


Defendant

Seller Account SHOPIFTERMINATED: 05/17/2019

Defendant

Seller Account SITROLTERMINATED: 05/17/2019

Defendant

Seller Account TOPSITERMINATED: 05/17/2019

Defendant

Seller Account TRELONITERMINATED: 05/17/2019

Defendant

Seller Account VELIKUNTERMINATED: 05/17/2019

Defendant

Seller Account ZsorellinaTERMINATED: 05/17/2019

Defendant

Does1-10, inclusive

Defendant

Oleksandr Benedychuk

Defendant

Wisemine Trading Ltd.

Defendant

Vasyl Kedyk

Defendant

Sitrol Intertrading Ltd.also known asKekrodi Intertrading Ltd.

Defendant

Denis Smotrov

Defendant

Denis Smotrov LLC

Defendant

Anton Hashynov

Defendant

Vladislav Bondarenko

Defendant

Viktor Boiko

Defendant

Laszlo Kedik

Defendant

Andrey Klimenko



EXHIBIT A


Defendant

Iurii Ganychenko

Defendant

Andriy Stebliv

Defendant

Larysa Ponomarenko

Defendant

Volodymyr Shevchun

Defendant

Liliia Stakhova

Defendant

Veleriya Kosolapova

Defendant

Nina Kozlova

Defendant

Denis Evseev

Defendant

Tymur Isaiev

Defendant

Ihor Kobylinskyi

Defendant

Vladyslav Pankov

Defendant

Andrii Pavlov

Defendant

Roman Kholodov

Defendant

Anton Kovalkov

Defendant

Oleksandr Bobyr

Date Filed # Docket Text

08/29/2018 8 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Frederick F. Mumm. (lh) (Entered: 08/30/2018)

08/30/2018 1 COMPLAINT against Defendants Seller Account ADUNIS, Seller Account ALIMOSH, Seller Account APILET, Seller Account BARBUS, Seller Account BNILON, Seller Account Buy and Smile, Seller Account IPAOLIK, Seller Account LATIK, Seller Account LEVITAK, Seller Account LINDOS, Seller Account LIRIO, Seller Account LISITSA, Seller Account MARULA, Seller Account NEVIS, Seller Account NORTONN, Seller Account PALISOTA, Seller Account PINTURAS, Seller Account RIALTI, Seller Account RITTEL, Seller Account RUMBIK, Seller Account SHALIM, Seller Account SHOPIF, Seller Account SITROL, Seller Account TOPSI, Seller Account TRELONI, Seller Account VELIKUN, Seller Account Zsorellina, Does 1-10. Case assigned to Judge Andre Birotte Jr for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm. (Filing fee $ 400 Paid) Jury Demanded, filed by Plaintiffs Seiko Epson Corporation, Epson America, Inc. (Attachments: # 1 Civil Cover Sheet) (lh) (Entered: 08/30/2018)

08/30/2018 2 PLAINTIFFS NOTICE of Interested Parties filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation, (lh) (Entered: 08/30/2018)



EXHIBIT A


08/30/2018 3 PLAINTIFFS APPLICATION for Leave to File Under Seal; Declaration in Support filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 Proposed Order) (lh) (Entered: 08/30/2018)

08/30/2018 4 EX PARTE APPLICATION for Temporary Restraining Order as to ;Order to Show Cause Re Issuance of Preliminary Injunction; Order Restraining Transfer of Assets; Order for Disclosure of Information; and Order for Alternative Service filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 Proposed Order) (lh) (Entered: 08/30/2018)

08/30/2018 5 DECLARATION of Herb Seitz and Exhibits in Support of Application for Temporary Restraining Order Re: EX PARTE APPLICATION for Temporary Restraining Order as to ;Order to Show Cause Re Issuance of Preliminary Injunction; Order Restraining Transfer of Assets; Order for Disclosure of Information; and Order for Alternative Service 4 filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (lh) (Entered: 08/30/2018)

08/30/2018 6 MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to ;Order to Show Cause Re Issuance of Preliminary Injunction; Order Restraining Transfer of Assets; Order for Disclosure of Information; and Order for Alternative Service 4 filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 Part 2 of Memorandum, # 2 Part 3 of Memorandum, # 3 Part 4 of Memorandum, # 4 Part 5 of Memorandum, # 5 Part 6 of Memorandum, # 6 Part 7 of Memorandum, # 7 Part 8 of Memorandum, # 8 Part 9 of Memorandum, # 9 Part 10 of Memorandum, # 10 Part 11 of Memorandum, # 11 Part 12 of Memorandum, # 12Part 13 of Memorandum, # 13 Part 14 of Memorandum, # 14 Part 15 of Memorandum)(lh) (Entered: 08/30/2018)

08/30/2018 7 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Epson America, Inc., Seiko Epson Corporation. (lh) (Entered: 08/30/2018)

08/30/2018 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 08/30/2018)

08/30/2018 10 ORDER SEALING FILE PENDING HEARING ON ORDER TO SHOW CAUSE. (gk) Modified on 9/20/2018 (gk). (Entered: 08/30/2018)

08/30/2018 11 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 08/30/2018)

08/30/2018 12 ORDER. (gk) Modified on 9/20/2018 (gk). (Entered: 08/30/2018)

08/31/2018 13 NOTICE of Deposit of Surety. (gk) Modified on 9/20/2018 (gk). (Entered: 09/04/2018)

09/07/2018 14 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account ADUNIS. (gk) (Entered: 09/07/2018)

09/07/2018 15 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account ALIMOSH. (gk) (Entered: 09/07/2018)

09/07/2018 16 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account APILET. (gk) (Entered: 09/07/2018)

09/07/2018 17 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account BARBUS. (gk) (Entered: 09/07/2018)

09/07/2018 18 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account BNILON. (gk) (Entered: 09/07/2018)

09/07/2018 19 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account Buy and Smile. (gk) (Entered: 09/07/2018)

09/07/2018 20 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account IPAOLIK. (gk) (Entered: 09/07/2018)

09/07/2018 21 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account LATIK. (gk) (Entered: 09/07/2018)

09/07/2018 22 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account LEVITAK. (gk) (Entered: 09/07/2018)

09/07/2018 23 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account LINDOS. (gk) (Entered: 09/07/2018)

09/07/2018 24 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account LIRIO. (gk) (Entered: 09/07/2018)

09/07/2018 25 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account LISITSA. (gk) (Entered: 09/07/2018)

09/07/2018 26 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account MARULA. (gk) (Entered: 09/07/2018)

09/07/2018 27 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account NEVIS. (gk) (Entered: 09/07/2018)

09/07/2018 28 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account NORTONN. (gk) (Entered: 09/07/2018)

09/07/2018 29 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account PALISOTA. (gk) (Entered: 09/07/2018)

09/07/2018 30 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account PINTURAS. (gk) (Entered: 09/07/2018)

09/07/2018 31 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account RIALTI. (gk) (Entered: 09/07/2018)

09/07/2018 32 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account RITTEL. (gk) (Entered: 09/07/2018)

09/07/2018 33 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account RUMBIK. (gk) (Entered: 09/07/2018)

09/07/2018 34 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account SHALIM. (gk) (Entered: 09/08/2018)



EXHIBIT A


09/07/2018 35 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account SHOPIF. (gk) (Entered: 09/08/2018)

09/07/2018 36 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account SITROL. (gk) (Entered: 09/08/2018)

09/07/2018 37 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account TOPSI. (gk) (Entered: 09/08/2018)

09/07/2018 38 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account TRELONI. (gk) (Entered: 09/08/2018)

09/07/2018 39 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account VELIKUN. (gk) (Entered: 09/08/2018)

09/07/2018 40 21-Day Summons Issued re Complaint 1 as to Defendant Seller Account Zsorellina. (gk) (Entered: 09/08/2018)

09/10/2018 42 EX PARTE APPLICATION to Extend TRO and Continue Hearing on Order to Show Cause Re Entry of Preliminary Injunction; Declaration in Support. (Attachments: # 1 Proposed Order) (gk) Modified on 9/20/2018 (gk). (Entered: 09/14/2018)

09/12/2018 41 UNDER SEAL ORDER GRANTING APPLICATION TO EXTEND TRO AND CONTINUE HEARING ON ORDER TO SHOW CAUSE RE ENTRY OF PRELIMINARY INJUNCTION. (gk) Modified on 9/20/2018 (gk). (Entered: 09/12/2018)

09/14/2018 43 NOTICE OF ORDER. (gk) Modified on 9/20/2018 (gk). (Entered: 09/19/2018)

09/14/2018 44 PROOF OF SERVICE. (gk) Modified on 9/20/2018 (gk). (Entered: 09/20/2018)

09/14/2018 45 PROOF OF ELECTRONIC SERVICE; Declarations and Exhibits in Support. (Attachments: # 1 Part 2)(gk) Modified on 9/20/2018 (gk). (Entered: 09/20/2018)

09/20/2018 46 ORDER UNSEALING FILE by Judge Andre Birotte Jr.: This Court, finding Defendants having been properly served with the Summons and Complaint and thereby receiving notice of the Action and the Court's Order for Temporary Restraining Order; Order to Show Cause re Issuance of Preliminary Injunction; Order Restraining Transfer of Assets; Order for Disclosure of Information; and Order for Alternative Service (Docket No. 12), among other documents, and good cause being found therefore, IT IS ORDERED, ADJUDGED AND DECREED THAT this entire file be unsealed. (gk) (Entered: 09/20/2018)

09/20/2018 47 MINUTES OF Show Cause Hearing Why a Permanent Injunction Should Not Issue held before Judge Andre Birotte Jr.: No appearance made by or on behalf of Defendant. The Court and counsel confer. The Court will sign the proposed orders presented by Plaintiff's counsel. Court Reporter: Chia Mei Jui. (gk) (Entered: 09/20/2018)

09/20/2018 48 ORDER GRANTING PRELIMINARY INJUNCTION by Judge Andre Birotte Jr.: Plaintiffs Seiko Epson Corporation and Epson America, Inc. having applied for an order to show cause re issuance of a preliminary injunction 4 , the Court GRANTS Plaintiffs' request for a Preliminary Injunction. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendants, their officers, agents, servants and any persons, firms or corporations acting in concert with them, or having knowledge of this Order by service or otherwise, are restrained from directly or indirectly infringing the Trademarks in any manner, etc. The $5,000 deposited by Plaintiffs on 8/31/2018, as required by the TRO shall remain available to secure the payment of any costs or damages, not to exceed twice the sum as may be suffered or sustained, by any party who is wrongfully restrained hereby during the pendency of this action, or until further order of the Court. This Preliminary Injunction is issued without the posting by Plaintiffs of any additional bond, deposit, or surety, and is effective as of 9/20/2018. Plaintiffs are given leave to amend the complaint to name additional parties as Defendants and to correct misnomers in the designation of the named Defendants. See document for further details. (gk) (Entered: 09/20/2018)

09/25/2018 49 NOTICE OF ORDERS filed by plaintiffs Epson America, Inc., Seiko Epson Corporation. (Wang, Annie) (Entered: 09/25/2018)

12/13/2018 50 MINUTES (IN CHAMBERS) Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 12/28/2018, why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. The docket reflects that Plaintiff(s) are not actively pursuing this matter. Plaintiff(s) can satisfy this order by filing a Status Report, setting forth the current status of the litigation. Court Reporter: N/A. (gk) (Entered: 12/14/2018)

12/27/2018 51 STATUS REPORT AND RESPONSE TO ORDER TO SHOW CAUSE, DOCKET NO. 50 filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Wang, Annie) (Entered: 12/27/2018)

01/17/2019 52 MINUTES (IN CHAMBERS) Order Discharging Order to Show Cause and Granting Plaintiff's Request for Additional Time by Judge Andre Birotte Jr.: On 12/28/2018 Plaintiff Seiko Epson Corporation and Epson America, Inc. submitted its Status Report in response to the Court's Order to Show Cause 51 . Having considered the Plaintiff's arguments and the continued inaction by Defendants, the Court discharges its Order to Show Cause and GRANTS Plaintiff's request for additional time. Plaintiff will have 120 days from the date of this Order to continue its discovery and investigations and submit its amended Complaint to this Court. Court Reporter: N/A. (gk) (Entered: 01/17/2019)



EXHIBIT A


05/17/2019 53 FIRST AMENDED COMPLAINT against Defendants Oleksandr Benedychuk, Wisemine Trading Ltd., Vasyl Kedyk, Sitrol Intertrading Ltd., Denis Smotrov, Denis Smotrov LLC, Anton Hashynov, Vladislav Bondarenko, Viktor Boiko, Laszlo Kedik, Andrey Klimenko, Iurii Ganychenko, Andriy Stebliv, Larysa Ponomarenko, Volodymyr Shevchun, Liliia Stakhova, Veleriya Kosolapova, Nina Kozlova, Denis Evseev, Tymur Isaiev, Ihor Kobylinskyi, Vladyslav Pankov, Andrii Pavlov, Roman Kholodov, Anton Kovalkov, Oleksandr Bobyr amending Complaint - (Discovery),,, 1 , filed by plaintiffs Seiko Epson Corporation, Epson America, Inc.(Wang, Annie) (Entered: 05/17/2019)

05/17/2019 54 Amended NOTICE of Interested Parties filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation, identifying Seiko Epson Corporation; Epson America, Inc.; Oleksandr Benedychuk; Wisemine Trading Ltd.; Vasyl Kedyk; Sitrol Intertrading Ltd. A/K/A Kekrodi Intertrading Ltd.; Denis Smotrov; Denis Smotrov LLC; Anton Hashynov; Vladislav Bondarenko; Viktor Boiko; Laszlo Kedik; Andrey Klimenko; Iurii Ganychenko; Andriy Stebliv; Larysa Ponomarenko; Volodymyr Shevchun; Liliia Stakhova; Veleriya Kosolapova; Nina Kozlova; Denis Evseev; Tymur Isaiev; Ihor Kobylinskyi; Vladyslav Pankov; Andrii Pavlov; Roman Kholodov; Anton Kovalkov; Oleksandr Bobyr. (Wang, Annie) (Entered: 05/17/2019)

05/17/2019 55 Request for Clerk to Issue Summons on Amended Complaint/Petition,, 53 filed by plaintiffs Epson America, Inc., Seiko Epson Corporation. (Wang, Annie) (Entered: 05/17/2019)

05/20/2019 56 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: First Amended Complaint 53 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached."Next, attach a face page of the complaint or a second page addendum to the Summons. The phrase "et. al," should not be used on the Summons form. Below the words, "SUMMONS IN A CIVIL ACTION," please indicate, "ON THE FIRST AMENDED COMPLAINT." The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) (Entered: 05/20/2019)


05/22/2019 58 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: First Amended Complaint 53 . The following error(s) was found: There is a typographical error on the Summons as to Defendant Ihor Kobylinskyi. The summons names defendant as "Ihor Kobylinkyi." The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) (Entered: 05/22/2019)


05/23/2019 60 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Oleksandr Benedychuk. (gk) (Entered: 05/23/2019)

05/23/2019 61 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Wisemine Trading Ltd. (gk) (Entered: 05/23/2019)

05/23/2019 62 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Vasyl Kedyk. (gk) (Entered: 05/23/2019)

05/23/2019 63 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Sitrol Intertrading Ltd. A/K/A Kekrodi Intertrading Ltd. (gk) (Entered: 05/23/2019)

05/23/2019 64 21-Day Summons Issued re First Amended Complaint, 53 as to Defendant Denis Smotrov. (gk) (Entered: 05/23/2019)

05/23/2019 65 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Denis Smotrov LLC. (gk) (Entered: 05/23/2019)

05/23/2019 66 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Anton Hashynov. (gk) (Entered: 05/23/2019)

05/23/2019 67 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Vladislav Bondarenko. (gk) (Entered: 05/23/2019)

05/23/2019 68 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Viktor Boiko. (gk) (Entered: 05/23/2019)

05/23/2019 69 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Laszlo Kedik. (gk) (Entered: 05/23/2019)

05/23/2019 70 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Andrey Klimenko. (gk) (Entered: 05/23/2019)

05/23/2019 71 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Iurii Ganychenko. (gk) (Entered: 05/23/2019)



EXHIBIT A


05/23/2019 72 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Andriy Stebliv. (gk) (Entered: 05/23/2019)

05/23/2019 73 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Larysa Ponomarenko. (gk) (Entered: 05/23/2019)

05/23/2019 74 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Volodymyr Shevchun. (gk) (Entered: 05/23/2019)

05/23/2019 75 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Liliia Stakhova. (gk) (Entered: 05/23/2019)

05/23/2019 76 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Veleriya Kosolapova. (gk) (Entered: 05/23/2019)

05/23/2019 77 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Nina Kozlova. (gk) (Entered: 05/23/2019)

05/23/2019 78 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Denis Evseev. (gk) (Entered: 05/23/2019)

05/23/2019 79 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Tymur Isaiev. (gk) (Entered: 05/23/2019)

05/23/2019 80 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Ihor Kobylinskyi. (gk) (Entered: 05/23/2019)

05/23/2019 81 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Vladyslav Pankov. (gk) (Entered: 05/23/2019)

05/23/2019 82 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Andrii Pavlov. (gk) (Entered: 05/23/2019)

05/23/2019 83 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Roman Kholodov. (gk) (Entered: 05/23/2019)

05/23/2019 84 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Anton Kovalkov. (gk) (Entered: 05/23/2019)

05/23/2019 85 21-Day Summons Issued re First Amended Complaint 53 as to Defendant Oleksandr Bobyr. (gk) (Entered: 05/23/2019)

08/14/2019 86 PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson America, Inc., upon Defendant Vladislav Bondarenko served on 6/20/2019, answer due 7/11/2019. Service of the Summons and Complaint were executed upon Richard Stefanko, Co-occupant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Wang, Annie) (Entered: 08/14/2019)

08/14/2019 87 PROOF OF SERVICE filed by plaintiffs Epson America, Inc., Seiko Epson Corporation, re Summons Issued 85 , Summons Issued 75 , Summons Issued 61 , Summons Issued 77 , Summons Issued 73 , Summons Issued 62 , Summons Issued 63 , Summons Issued 68 , Summons Issued 82 , Summons Issued 69 , Summons Issued 65 , Amended Complaint/Petition,, 53 , Summons Issued 72 , Summons Issued 67 , Summons Issued 74 , Summons Issued 78 , Summons Issued 76 , Summons Issued 81 , Summons Issued 71 , Summons Issued 79 , Summons Issued 80 , Summons Issued 83 , Summons Issued 70 , Summons Issued 66 , Summons Issued 64 , Summons Issued 60 , Summons Issued 84 served on 8/1/2019. (Wang, Annie) (Entered: 08/14/2019)

08/14/2019 88 EX PARTE APPLICATION for Order for ALTERNATIVE EMAIL SERVICE, AND FOR EXTENSION OF TIME TO SERVE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATIONS AND EXHIBITS IN SUPPORT filed by plaintiffs Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibits B-K, # 3 [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR ORDER FOR ALTERNATIVE EMAIL SERVICE, AND FOR EXTENSION OF TIME TO SERVE) (Wang, Annie) (Entered: 08/14/2019)

08/21/2019 89 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR ORDER FOR ALTERNATIVE EMAIL SERVICE, AND FOR EXTENSION OF TIME TO SERVE by Judge Andre Birotte Jr.: The Court GRANTS Plaintiffs' Application 88 and ORDERS that Plaintiffs may electronically serve Defendants Oleksandr Benedychuk, Vasyl Kedyk, Denis Smotrov, Denis Smotrov LLC, Anton Hashynov, Laszlo Kedik, Veleriya Kosolapova, Ihor Kobylinskyi, and Iurii Ganychenko by email. IT IS FURTHER ORDERED that Plaintiffs shall have through and until 2/11/2020, to serve any unserved Defendants with the Summons and First Amended Complaint. (gk) (Entered: 08/22/2019)

01/22/2020 90 DECLARATION of Katrina Akim re Order on Motion for Order,, 89 RE ELECTRONIC SERVICE filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Wang, Annie) (Entered: 01/22/2020)



EXHIBIT A


01/22/2020 91 Second EX PARTE APPLICATION for Order for FOR ALTERNATIVE EMAIL SERVICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION AND EXHIBITS IN SUPPORT filed by plaintiffs Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 [PROPOSED] ORDER GRANTING PLAINTIFFS SECOND EX PARTE APPLICATION FOR ORDER FOR ALTERNATIVE EMAIL SERVICE) (Wang, Annie) (Entered: 01/22/2020)

01/28/2020 92 ORDER GRANTING PLAINTIFFS' SECOND EX PARTE APPLICATION FOR ORDER FOR ALTERNATIVE EMAIL SERVICE by Judge Andre Birotte Jr.: The Court GRANTS Plaintiffs' Application for Order for Alternative Email Service 91 and ORDERS that Plaintiffs may electronically serve the following Defendants with process by email: Andrey Klimenko, Liliia Stakhova, Denis Evseev, and Viktor Boiko. IT IS FURTHER ORDERED that Plaintiffs shall promptly file the proofs of service for those defendants being served pursuant to Fed. R. Civ. P. 4(f) and not later than seven business days after Plaintiffs' receipt of those proofs of service. (gk) (Entered: 01/29/2020)

02/04/2020 93 DECLARATION of Katrina Akim re Declaration 90 AMENDMENT TO DECLARATION RE ELECTRONIC SERVICE, DOCKET NO. 90 filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Wang, Annie) (Entered: 02/04/2020)

02/04/2020 94 DECLARATION of Katrina Akim re Order on Motion for Order,, 92 RE ELECTRONIC SERVICE ON DEFENDANTS ANDREY KLIMENKO, LILIIA STAKHOVA, DENIS EVSEEV, AND VIKTOR BOIKO filed by Plaintiffs Epson America, Inc., Seiko Epson Corporation. (Wang, Annie) (Entered: 02/04/2020)

02/24/2020 95 PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson America, Inc., upon Defendant Sitrol Intertrading Ltd. served on 10/30/2019, answer due 11/20/2019; Wisemine Trading Ltd. served on 10/22/2019, answer due 11/12/2019. Service of the Summons and Complaint were executed upon Elena Christodoulou, Director of Sitrol Intertrading Ltd also known as Kekrodi Intertrading Ltd.; Andrea Konnari, director of Themida Services Ltd., secretary of Wisemine Trading Ltd. in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Wang, Annie) (Entered: 02/24/2020)

02/24/2020 96 PROOF OF SERVICE filed by plaintiffs Epson America, Inc., Seiko Epson Corporation, of Courtesy Copiesserved on 2/24/2020. (Wang, Annie) (Entered: 02/24/2020)

04/01/2020 97 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr. The Court hereby ORDERS Plaintiffs Seiko Epson Corporation and Epson America, Inc. to file a status report, not to exceed five pages, within 10 days informing the Court of how it intends to "move [this] case forward," as they represented they would do in their Second Ex Parte Application for an Order for Alternative Service filed on January 22, 2020. (Dkt. No. 91). Failure to file this report will result in dismissal of this action, which was filed on August 30, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 04/01/2020)

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EXHIBIT A


x

x

PROOF OF SERVICE

I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, and not a party to the above-entitled cause. I am employed by a member of the Bar of the State of California. My business address is 1150 Foothill Boulevard, Suite E, La Cañada Flintridge, California 91011.

On April 10, 2020, I served the:

STATUS REPORT PURSUANT TO APRIL 1, 2020 ORDER, DOCKET NO. 97

REQUEST FOR ENTRY OF DEFAULT; DECLARATION AND EXHIBIT IN SUPPORT THEREOF

in the following action:

Seiko Epson Corporation, et al. v. Seller Account ADUNIS, et al.

___ by placing a true copy thereof in an envelope to be immediately sealed thereafter. I am readily familiar with the office’s practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid at Covina, California in the ordinary course of business. I am aware that on motion of the party served, service presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit.

Vladislav Bondarenko 1906 Marlinda Way El Cajon, California 92021

Wisemine Trading Ltd. Spyrou Kyprianou 61, Sk House 4003 Limassol Cyprus

Sitrol Intertrading Ltd. also known as Kekrodi Intertrading Ltd. Unit 16, 133 Dromos street 4131 Limassol Cyprus

___ by email to the following:

Seller Name Email Address Seller Account ADUNIS [email protected]


Seller Account ALIMOSH [email protected] Seller Account APILET [email protected] Seller Account BARBUS [email protected] Seller Account BNILON [email protected] Seller Account Buy And Smile [email protected] Seller Account IPAOLIK [email protected] Seller Account LATIK [email protected] Seller Account LEVITAK [email protected] Seller Account LINDOS [email protected] Seller Account LIRI0 [email protected] Seller Account LISITSA [email protected] Seller Account MARULA [email protected] Seller Account NEVIS [email protected] Seller Account NORTONN [email protected] Seller Account PALISOTA [email protected] Seller Account PINTURAS [email protected] Seller Account RIALTI [email protected] Seller Account RITTEL [email protected] Seller Account RUMBIK [email protected] Seller Account SHALIM [email protected] Seller Account SHOPIF [email protected] Seller Account SITROL [email protected] Seller Account TOPSI [email protected] Seller Account TRELONI [email protected] Seller Account VELIKUN [email protected] Seller Account Zsorellina [email protected] Seller Account BLISTERY [email protected] Seller Account BAYKUN [email protected] Seller Account KHILON [email protected] Vladislav Bondarenko [email protected] Oleksandr Benedychuk [email protected] Kedyk [email protected] Denis Smotrov [email protected] Denis Smotrov LLC [email protected]

Anton Hashynov [email protected] [email protected]

Laszlo Kedik [email protected] [email protected]

Veleriya Kosolapova [email protected] Ihor Kobylinskyi [email protected] Iurii Ganychenko [email protected]


Andrey Klimenko [email protected] [email protected]

Liliia Stakhova [email protected] Denis Evseev [email protected]

Viktor Boiko [email protected] [email protected]

Place of mailing and emailing: Covina, California.

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on April 10, 2020, at Covina, California.

_________________________ Katrina Akim


mailto:[email protected]



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