UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ____________
THE BRICKELL IP GROUP, PLLC,
Plaintiff
vs.
YAUHENI DAUZHANOK
Defendants
Case No. _______________
Honorable: _____________
MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER
COMES NOW Defendant YAUHENI DAUZHANOK, and files this Motion to Dissolve
Temporary Restraining Order pursuant to Rule 65(b)(4) of the Federal Rules of Civil Procedure.
This motion is based on the following grounds:
1. Defendant is an Amazon Seller (Seller ID. ________).
2. On January 2, 2023, Defendant received a Performance Notice from Amazon, notifying him
that Amazon was in receipt of a Temporary Restraining Order, following a Complaint that
Plaintiff lodged against Defendant. Plaintiff claimed that the items in Defendant’s listing
infringe Plaintiff’s intellectual property rights.
3. Amazon then proceeded to remove some of Defendant’s listings and placed the
disbursements on Defendant’s seller account on hold.
4. On January 11, 2023, Defendant received a communication from Amazon Seller Support,
where Defendant was informed to communicate with Plaintiff to resolve the dispute.
5. Defendant has already sent a letter to Plaintiff, advising them to withdraw their Complaint
against him.
6. While Defendant disputes Plaintiff’s claims of infringement, Defendant asserts that the
placing of his disbursements on hold has a drastic impact on his business and livelihood,
which necessitates the instant request to remove the restraining order, as the parties pursue
formal legal redress.
7. "The issuance of a temporary restraining order or preliminary injunctive relief is an
extraordinary remedy to be granted only under exceptional circumstances." Cheng Ke Chen
v. Holder, 783 F. Supp. 2d 1183, 1186 (N.D. Ala. 2011) (citing Sampson v. Murray, 415 U.S.
61 (1974)). Pursuant to the Federal Rules of Civil Procedure, a temporary restraining order
may be granted without written or oral notice to the adverse party only if "specific facts in an
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affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or
damage will result to the movant before the adverse party can be heard in opposition[.]" Fed.
R. Civ. P. 65(b)(1)(A).
8. Defendant has liability insurance cover with the State National Insurance Company, Inc
(Policy No. NXTQWT47KW-00-GL). The insurance cover is active and expires on August
28, 2023.
Relief Requested
9. In light of the foregoing, Defendant requests this Honorable Court removes the Temporary
Restraining Order pending the resolution of the parties’ dispute through legal means. In the
event this Court fails to issue the requested relief, Defendant is bound to suffer extensive
damage to his business and to his livelihood.
.
Respectfully submitted:
Dated: __________
______________________________
YAUHENI DAUZHANOK
Defendant, pro se
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CERTIFICATE OF SERVICE:
The undersigned hereby ce1iifies that the above and foregoing was served by ____________, on
the Plaintiff:
The Brickell IP Group, PLLC
1101 Brickell Avenue, South Tower, Suite 800
Miami, FL 33131
admin@brickellip.com
www.brickellip.com
Dated: _____________
______________________________
YAUHENI DAUZHANOK
Defendant, pro se
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