Case 1:22-cv-23604-KMM Document 25-1 Entered on FLSD Docket 03/23/2023 Page 1 of 5
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CV-23604-KMM

DANNY FLYNN,

Plaintiff,

v.

ZOETOP BUSINESS CO., LIMITED, a Hong Kong

limited company and SHEIN DISTRIBUTION CORP.,

a Delaware corporation, 

Defendants.

_______________________________________________/

RULE 68 OFFER OF JUDGMENT BY SHEIN DISTRIBUTION CORP.

Defendant Shein Distribution Corporation hereby offers to allow judgment to be entered 

against it and in favor of the plaintiff in this matter on specified terms, as follows:

(1) This offer of judgment is designated “CONFIDENTIAL” pursuant to a stipulated 

protective order entered in this case, or, if a stipulated protective order has not yet been entered 

in this case, pursuant to a prior agreement between counsel of record in this case that anything 

designated as “CONFIDENTIAL” will be maintained as such, as if a stipulated protective order 

had already been entered in this case. However, if this offer is accepted, the “CONFIDENTIAL” 

designation of this offer shall be deemed automatically withdrawn upon acceptance of this offer, 

such that notice of acceptance and resulting judgment may be filed on the public docket.

(2) In satisfaction of all claims plaintiff brought against Shein Distribution Corporation

and Zoetop Business Co. Ltd., plaintiff shall be awarded a fixed sum of $3,775 plus the amount 

of plaintiff’s reasonable costs accrued as of the date of this offer;

(3) Shein Distribution Corporation and Zoetop Business Co., Ltd. shall be permanently 

enjoined and restrained in the United States from manufacturing, advertising, marketing, 

distributing, selling, or offering for sale the following products: shdiysup18210520098;

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(4) Acceptance of this offer by Shein Distribution Corporation is conditioned upon 

plaintiff’s dismissal, with prejudice, of all claims against Zoetop Business Co., Ltd.; and

(5) If this offer is accepted, or if plaintiff fails to obtain more favorable relief after trial, 

this Court shall determine the amount of reasonable costs to be awarded in a further proceeding, 

including whether any attorneys’ fees properly awardable should be included as costs; 

Although Shein Distribution Corporation is offering to allow judgment to be entered 

against it on the foregoing terms in order to compromise a disputed claim, it does not admit 

liability.

IF PLAINTIFF REJECTS THE FOREGOING OFFER AND FAILS TO OBTAIN 

MORE FAVORABLE RELIEF AFTER TRIAL, SHEIN DISTRIBUTION 

CORPORATION WILL BE DEEMED THE PREVAILING PARTY, PLAINTIFF’S 

RIGHT TO RECOVER COSTS AND ATTORNEYS’ FEES WILL BE CAPPED AS OF 

THE DATE OF THIS OFFER, AND SHEIN DISTRIBUTION CORPORATION WILL 

SEEK TO RECOVER ITS OWN COSTS AND ATTORNEYS’ FEES ACCRUED AFTER 

THE DATE OF THIS OFFER.

Per Fed. R. Civ. P. 68(a), plaintiff may accept this offer of judgment by serving notice of 

acceptance in writing within 14 days from the date this offer is served.

Respectfully submitted,

Dated: March 16, 2023 Thomas P. Burke Jr.

John Cyril Malloy, III 

Florida Bar No. 964,220 

jcmalloy@malloylaw.com

Oliver Alan Ruiz

Florida Bar No. 524,786

oruiz@malloylaw.com

Cleo I. Suero

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Florida Bar No. 1,024,675

csuero@malloylaw.com

MALLOY & MALLOY P.L. 

2800 S.W. Third Avenue 

Miami, Florida 33129 

Telephone (305) 858-8000

and

Morgan E. Pietz, Pro Hac Vice

morgan@pstrials.com

Thomas P. Burke Jr., Pro Hac Vice

tom@pstrials.com

PIETZ & SHAHRIARI, LLP

6700 S. Centinela Ave., 2nd Floor

Culver City, CA 90230

Telephone: (310) 424-5557

Counsel for Defendant

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 16, 2023, I electronically served the foregoing document to 

the individuals set forth on the Service List below.

_____________________

Mandy Chen 

SERVICE LIST

Joel B. Rothman 

Florida Bar No: 98220 

joel.rothman@sriplaw.com 

Layla T. Nguyen 

Florida Bar No.: 1024723 

layla.nguyen@sriplaw.com

SRIPLAW, P.A. 

21301 Powerline Road, Suite 100 

Boca Raton, FL 33433 

Telephone: 561.404.4350 

Facsimile: 561.404.4353 

Attorneys for Plaintiff 

DANNY FLYNN

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