Opinion
21 Civ. 8932 (VM)
11-13-2021
PLAYBOY ENTERPRISES INTERNATIONAL, INC., Plaintiff, v. WWW.PLAYBOYRABBITARS.APP; WWW.PLAYBOYRABBIT.COM; VOZGEN ZOLO and JOHN DOES OWNERS/OPERATORS OF THE COUNTERFEIT WEBSITES, Defendant.
VENABLE LLP Attorneys for Plaintiff Playboy Enterprises International, Inc.
VENABLE LLP Attorneys for Plaintiff Playboy Enterprises International, Inc.
ORDER
VICTOR MARRERO, UNITED STATES DISTRICT JUDGE
On November 10, 2021, Plaintiff in the above captioned matter submitted a letter providing the Court with an update on service, and its failed efforts to communicate with Defendants regarding a proposed briefing schedule (See Attached Letter.) Defendants having been served, and upon Plaintiff's request to unseal the matter, the Court determines that the matter need not remain under seal. On November 12, 2021, at 9:30 a.m., the Court held a hearing on Plaintiff's motion for a preliminary injunction, at which point Defendants failed to appear. Accordingly, the Court respectfully requests that the Clerk of Court unseal this case in its entirety and place all filed documents on to the public docket.
SO ORDERED.
Re: Playboy Enterprises International, Inc. v. www.playboyrabbitars.app, et al, U.S. District Court Southern District of New York - *SEALED CASE* - Civ. No. 21-cv-08932
Dear Judge Marrero:
We represent Plaintiff Playboy Enterprises International, Inc. ("Plaintiff) and write to provide the Court with an update pursuant to the Court's November 2, 2021 Order ("Order"). First, we have served the Defendants and third parties pursuant to the Order and include the Affidavit of Service relating to service as Exhibit A hereto. Second, Plaintiff has not heard from any Defendants and thus will be providing a unilateral report on the proposed briefing schedule and upcoming hearing scheduled for November 12, 2021 as detailed below.
Plaintiffs served Defendants on November 8, 2021 pursuant to the Order. Plaintiffs counsel has not received any correspondence from any of the Defendants and accordingly we could not confer with the Defendants or any of their representatives to submit a joint update to the Court or a proposed briefing schedule. Per the Court's Order, Plaintiff advises the Court that it believes that the case no longer needs to be under seal at this time as the Defendants have been served as well as the relevant third parties.
Plaintiff is prepared to request at the November 12, 2021 hearing that the Court confirm its seizure order and convert the temporary restraining order in this case to a preliminary injunction. At that time Plaintiff will also request that the security for the seizure order be released, and that the security for the temporary restraining order be converted to security for a preliminary injunction.
Respectfully Submitted, Marcella Ballard
Exhibit Omitted