UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO.: 9:22-CV-81576 

 

VPR BRANDS, LP, 

 

 Plaintiff, 

 

v. 

 

SHENZHEN WEIBOLI TECHNOLOGY CO.

LTD. (ELF BAR), YLSN DISTRIBUTION

LLC, ECTO WORLD LLC, SAFA GOODS

LLC, D&A DISTRIBUTION LLC,

UNISHOW (U.S.A.), INC., SV3 LLC, AND

KINGDOM VAPOR INC., 

 

 Defendants. 

 

DEFENDANTS’ MOTION FOR ENTRY OF PROTECTIVE ORDER

Pursuant to Fed. R. Civ. P. 26, Defendants respectfully request that the Court enters the 

Proposed Protective Order included with this Motion. See Benzion v. Vivint, Inc., No. 12-61826-

CV-ZLOCH/HUNT, 2013 U.S. Dist. LEXIS 191054 (S.D. Fla. Sept. 9, 2013) (granting a similar 

two-tiered protective order). In support of this Motion, Defendants state as follows:

1. Plaintiff filed the Complaint on October 13, 2022, alleging, among other claims, 

Defendants’ trademark and patent infringement. On October 14, 2022, Plaintiff filed a Motion for 

Preliminary Injunction where Plaintiff argued that no bond or a minimal bond would be necessary 

as surety if the Motion for Preliminary Injunction were granted. Defendants dispute the merits of 

Plaintiff’s Complaint and requested relief.

2. The parties believe that some of the testimony that will be elicited at the hearing on 

Plaintiff’s Motion for Preliminary Injunction and documents that will be used during that 

Case 9:22-cv-81576-AMC Document 30 Entered on FLSD Docket 11/16/2022 Page 1 of 4
proceeding or produced in discovery are proprietary in nature, or include information that should 

be governed by a Protective Order which allows production of the information and records in 

discovery, but limits their dissemination or use to third parties and the public unless the Court rules 

otherwise in relation to any particular information or document. 

3. The Proposed Protective Order does not prohibit the use of the documents in 

discovery or trial; rather, it simply puts limits on public disclosure to those outside of the case. 

4. The Proposed Protective Order sets out a detailed description of the procedures 

which control the dissemination of the documents, and which Defendants believe will aid and 

assist the parties in conducting discovery and minimize the Court’s involvement related to the 

documents in the future. 

WHEREFORE, Defendants request that the Court approves this Application for Approval 

of Protective Order, and that the Court approves and enters the Protective Order attached, together 

with all other relief the Court deems just and proper. 

LOCAL RULE 7.1 CERTIFICATION

The undersigned counsel certifies, pursuant to Local Rule 7.1(a)(3), that counsel has made 

reasonable efforts to confer in writing with all parties and non-parties who may be affected by the 

relief sought in this motion in a good faith effort to resolve the issues raised in the motion but has 

been unable to do so. Specifically, counsel Carrie A. Shufflebarger sent an email to Plaintiff’s 

counsel, Joel Rothman at joel@sriplaw.com, on November 15, 2022 at 4:09 PM EST proposing 

entry of a joint proposed protective order in anticipation of the hearing scheduled for Friday, 

November 18, 2022. Attached to that email were drafts in Word format of a Joint Motion for Entry 

of a Protective Order, which was in an identical form to this Motion except for modifications to 

indicate that this motion is not submitted jointly; and a Proposed Agreed Protective Order, which 

Case 9:22-cv-81576-AMC Document 30 Entered on FLSD Docket 11/16/2022 Page 2 of 4
was in an identical form to the attached Proposed Protective Order except for modifications to 

indicate that the Proposed Protective Order was submitted by Defendants alone. Ms. Shufflebarger 

offered an opportunity at the close of her email for Plaintiff’s counsel to propose revisions to the 

documents. As of the date of this Motion, Plaintiff’s counsel has not responded to the email. 

Dated: November 16, 2022 

/s/ Tucker C. Motta

TUCKER C. MOTTA

Florida Bar Number: 112659 

Tucker.Motta@mhllp.com

MCDOWELL HETHERINGTON LLP

2385 N.W. Executive Center Drive, Suite 400 

Boca Raton, FL 33431 

(561) 994-4311 

(561) 982-8985 – Fax

ERIC N. HEYER (admitted pro hac vice) 

CARRIE A. SHUFFLEBARGER (admitted 

pro hac vice) 

MICHELLE LI (admitted pro hac vice) 

ANNA STRESSENGER (admitted pro hac 

vice) 

KRUPA PATEL(admitted pro hac vice) 

THOMPSON HINE LLP

1919 M Street, NW, Suite 700 

Washington, DC 20036 

Phone: 202.331.8800 

Fax: 202.331.8330 

Eric.Heyer@ThompsonHine.com

Carrie.Shufflebarger@ThompsonHine.com

Michelle.Li@ThompsonHine.com

Anna.Stressenger@ThompsonHine.com

Krupa.Patel@ThompsonHine.com 

Counsel for Defendants

Case 9:22-cv-81576-AMC Document 30 Entered on FLSD Docket 11/16/2022 Page 3 of 4
CERTIFICATE OF SERVICE

I certify that on November 16, 2022, I electronically filed the foregoing with the Clerk of 

the Court by using the CM/ECF system which will send a notice of electronic filing to all 

counsel of record. 

 /s/ Tucker C. Motta

 Tucker C. Motta 

Case 9:22-cv-81576-AMC Document 30 Entered on FLSD Docket 11/16/2022 Page 4 of 4