CIVIL CASE NO. 18-CV-11280 (AT)

Skyrocket, LLC d/b/a Skyrocket Toys LLC v. 5ATOY Store, et al.


Notice of Lawsuit and Service of Summons, Complaint and Order to Show Cause

We are legal counsel to Skyrocket, LLC d/b/a Skyrocket Toys LLC (“Plaintiff” or “Skyrocket”).  This letter serves as notice that a lawsuit has been filed by Skyrocket against you (“Defendant”) in the United States District Court for the Southern District of New York, Case No. 18-cv-11280 (AT) (“Lawsuit”). All relevant documents can be accessed and downloaded below.

On December 4, 2018, the Court entered an ex parte Temporary Restraining Order, Order Restraining Assets and Merchant Storefronts, Order to Show Cause Why a Preliminary Injunction Should Not Issue, Order Authorizing Bifurcated and Alternative Service and Order Authorizing Expedited Discovery against Defendants (“Order”).

Pursuant to the Order, Defendant is ordered to appear before Judge Analisa Torres in Courtroom 15D of the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York on Tuesday, December 18, 2018 at 1:20 p.m. EST and show cause why a preliminary injunction should not issue against Defendant (“Show Cause Hearing”).

Please be advised that Defendant’s failure to appear at the Show Cause Hearing may result in the imposition of a preliminary injunction against you, which may extend throughout the length of the Lawsuit.

Please also be aware that if Defendant fails to respond to the Complaint within twenty-one (21) days from the date of this letter, it will be in default, and the Court can issue a default judgment against Defendant awarding financial damages and a permanent injunction.

Since we represent Skyrocket, we are unable to provide you with legal advice. Accordingly, we strongly advise that you retain an attorney to assist you in this Lawsuit.

Further, in order to engage in any communications regarding the Lawsuit, including any settlement discussions and/or questions, you or your attorney MUST respond to this notice VIA EMAIL at OR VIA THE MESSAGE BOX ON THIS LAWSUIT WEBSITE: Please clearly identify the name of your User Account in the subject line of any and all emails or in the message box, and include your preferred email address or the contact information for your attorney to use for all future communications.

Copies of the Summons, Complaint and exhibits thereto, and the Order along with all supporting papers thereof, are available to view or download below.


SUMMONS (PDF/438.33KB)Download
COMPLAINT and Exhibits A-C (PDF/15.97MB)Download
Part-1 Exhibit D to the COMPLAINT, and Exhibit A to Arnaiz Declaration (PDF/23.98MB)Download
Part-1 Exhibit D to the COMPLAINT, and Exhibit A to Arnaiz Declaration (PDF/23.98MB)Download
Temporary Restraining Order (PDF/6.81MB)Download
Schedule A (PDF/857.43KB)Download
Memorandum of Law (PDF/11.79MB)Download
Declaration of Jessica Arnaiz (PDF/1.67MB)Download
Declaration of John Ardell and Exhibits A-C (PDF/4.81MB)Download
Declaration of Brieanne Scully and Exhibit A (PDF/3.71MB)Download
Preliminary Injunction Order (PDF/375.79KB)Download
Proposed Default Judgment (PDF/187KB)Download
Memorandum of Law in Support of Motion (PDF/423KB)Download
Affidavit of Brieanne Scully & Exhibits A – E (PDF/1.11MB)Download
Declaration of John Ardell (PDF/126KB)Download
Order to Show Cause (PDF/211KB)Download


Download all files together in zip format (ZIP/81.27MB)Download All


Please contact us using the form below
*IMPORTANT: Be sure to clearly state the name of your Storefront in all emails to us. Thank you!

Epstein Drangel LLP

One Grand Central Place, 60 East 42nd Street, Suite 2520, New York, NY 10165
Phone: (212) 292 5390 | Fax: (212) 292 5391 | E-Mail: