UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-81576-CIV-CANNON/Reinhart

 22-62373-CIV-CANNON

 22-81977-CIV-CANNON

VPR BRANDS, LP,

Plaintiff,

v.

SHENZHEN WEIBOLI TECHNOLOGY

CO. LTD. et al., 

Defendants.

_______________________________/

VPR BRANDS, LP,

Plaintiff,

v.

SHEZHEN IMIRACLE 

TECHNOLOGY CO. LTD. et al.,

Defendants.

_______________________________________/

VPR BRANDS, LP,

Plaintiff,

v.

IMIRACLE HK LIMITED and

HEAVEN GIFTS INTERNATIONAL LIMITED,

Defendants.

_______________________________________/

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ORDER STAYING CASE PENDING APPEAL

THIS CAUSE comes before the Court sua sponte. The Court has conducted a full review 

of the record and the pending motions. In the interest of ensuring a coherent resolution of the 

issues raised in the consolidated cases, the Court hereby exercises its discretion to temporarily stay 

this matter, as indicated below, pending the Federal Circuit’s resolution of Defendant’s appeal of 

the Court’s Preliminary Injunction Order (“PI Order”) [ECF No. 85]. As the record reflects, 

Defendants’ pending motions related to the PI Order, though styled as requests for different forms 

of relief, all reduce at least in part to an attempt by Defendants to attack and undo the Court’s PI 

Order entered on February 23, 2023 [ECF No. 83]. That order has been the subject of an 

unsuccessful motion for reconsideration filed by one Defendant [ECF Nos. 107, 127] and is 

currently the subject of a pending appeal before the Federal Circuit [ECF No. 85]. While 

Defendants now argue that an apparent assignment of trademark rights effectuated in late March 

2023, after entry of the PI Order, provides a basis to vacate the PI Order and entitles counterPlaintiff to a separate preliminary injunction against Plaintiff VPR Brands LP [ECF No. 144 

(motion to vacate PI Order); ECF No. 161 (motion for preliminary injunction against Plaintiff)], 

the Court does not find a basis at this time, upon review of the record and given the pending appeal,

to vacate its PI Order or to enter a preliminary injunction order against Plaintiff. The Court’s PI 

Order [ECF No. 83] remains in effect. 

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. This matter is TEMPORARILY STAYED pending resolution of Defendants’ appeal 

of the Court’s Preliminary Injunction Order [ECF No. 85]. 

2. The hearing scheduled for May 26, 2023, 9:00 AM [ECF No. 155] is CANCELLED. 

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3. The Court DENIES AS MOOT Defendants’ and Counterclaim Plaintiff’s Unopposed 

Motion for Consolidated Evidentiary Hearing on Three Pending Motions

[ECF No. 164, 22-cv-81576]. 

4. All parties in the consolidated cases remain subject to the Court’s Order Scheduling 

Mediation [ECF No. 162] and must attend mediation in-person on July 27, 2023, 9:00 

A.M. 

5. Following the resolution of the pending appeal, all parties shall jointly file a Joint Status 

Report setting forth the status of the consolidated actions and the parties’ proposed 

deadlines for timely resolution of this proceeding. 

6. The Court’s Preliminary Injunction Order [ECF No. 83] remains in effect. 

7. The Court hereby RESERVES RULING on the following pending Motions:

a. Defendants’ Consolidated Motion to Dismiss [ECF No. 80, 22-cv-81576]; 

b. Defendants’ Consolidated Motion to Dismiss [ECF No. 28, 22-cv-62373]

c. No re-briefing of these Motions will be permitted. 

8. The Court hereby DENIES WITHOUT PREJUDICE the following pending 

Motions:

a. Plaintiff’s Motion for Preliminary Injunction [ECF No. 20, 22-cv-81977]; 

b. Defendants’ Motion to Dissolve or Vacate Preliminary Injunction, or in the 

Alternative, to Increase Security [ECF No. 144, 22-cv-81576]; 

c. Defendant/Counterclaim Plaintiff iMiracle (HK) Limited’s Motion for 

Preliminary Injunction [ECF No. 161, 22-cv-81576].

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DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 4th day of May 2023.

 _________________________________

 AILEEN M. CANNON

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

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