EXHIBIT A

Case 1:22-cv-24270-DPG Document 55-1 Entered on FLSD Docket 04/07/2023 Page 1 of 8
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

NINGBO YONGJIA AIDUO 

AUTO PARTS MANU CO., LTD.,

Plaintiff,

v.

THE INDIVIDUALS, PARTNERSHIPS 

AND UNINCORPORATED 

ASSOCIATIONS IDENTIFIED ON 

SCHEDULE “A”, including

WAXMAN SALES, LLC, a Texas limited 

liability company,

Defendants.

Case No.: 1:22-cv-24270-DPG

DECLARATION OF KENDALL RAISBECK

Kendall Raisbeck declares and states as follows:

1. I serve as the Controller at Waxman Sales, LLC (“Waxman Sales”). I have 

worked at Waxman Sales since 2018. 

2. I have a Master of Science (MS) and Bachelors of Business Administration 

(BBA), Accounting from Texas A&M University. I am also a Certified Public Accountant.

3. Waxman Sales sources, develops and sells an extensive array of high quality 

consumer products for the home, garden, automobile, and garage. Many of these products may 

be viewed on Waxman Sales’ public-facing website at https://www.birdrockhome.com/.

4. Waxman Sales does business on Amazon.com and elsewhere under the name 

“BirdRock Home.” Waxman Sales operates several storefronts on Amazon.com, including 

storefronts called “BIRDROCK HOME Store” and “Snow MOOver Store.” 

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Location of Waxman Sales

5. Waxman Sales has its home office in Austin, Texas. Waxman Sales has product 

warehouses (i.e., fulfillment centers) in Reno, Nevada; Louisville, Kentucky; and Breinigsville, 

Pennsylvania. 

6. Above is a depiction of the front door to the office building in Austin in which 

Waxman Sales’ home office is located.

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7. Above are two pictures showing the interior of Waxman Sales’ home office in 

Austin. These two pictures were taken on Saturday, February 4, 2023. Several of Waxman 

Sales’ snow removal products are shown in the second picture.

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8. Waxman Sales does not have any places of business located in Florida. Waxman 

Sales does not have any employees or contractors in Florida.

Sales on Amazon.com

9. In 2022, Waxman Sales sold approximately 939 different consumer items on 

Amazon.com, include several different snow brush products. 

10. Since around October of 2017, Waxman Sales has been selling one particular 

snow brush on Amazon.com entitled “Snow Brush with Detachable Ice Scraper for Car | 11’ 

Wide Squeegee & Bristle Head | Size: Car & SUV | Lightweight Aluminum Body with 

Ergonomic Grip | Windshield Paint Safe.” This snow brush has ASIN B076PVN38H, where 

“ASIN” stands for Amazon Standard Identification Number. Each product sold on Amazon.com 

has a unique ASIN. A picture of this particular snow brush is shown below:

The listing for this Waxman Sales product on Amazon.com is found at: 

https://www.amazon.com/Snow-Moover-Extendable-Squeegee-Scraper/dp/B076PVN38H.

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12. On or shortly after January 24, 2023, we learned that a third party had apparently 

submitted patent infringement complaints to Amazon.com against two of Waxman Sales’ snow 

brushes: the above-mentioned ASIN B076PVN38H, and in addition, a snow brush with ASIN 

B09J76YGT5. 

13. Above is a screen shot from Waxman Sales’ portal with Amazon.com, showing 

that Amazon.com had removed the listing for these two items. 

14. Normally, Amazon.com pays Waxman Sales every two weeks for the sales of 

Waxman Sales’ products, providing a statement with the amount of money that will be 

transferred on a Friday, and then making a payment that is received by Waxman Sales on the 

following Tuesday. Waxman Sales is highly reliant on this payment schedule in order to fund its 

operations. 

15. On Friday, February 3, 2023, Waxman Sales learned from Amazon.com that 

Amazon.com was withholding a payment of $785,115.03 by reason of this lawsuit. Normally, 

this payment would be received and available for use by Waxman Sales by Tuesday, 

February 7, 2023.

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16. Below is a screenshot February 5, 2023 from Waxman Sales’ portal with 

Amazon.com, showing funds in the amount of $785,115.03 to be unavailable. Prior to 

February 3, 2023, Waxman Sales had no reason to believe that it had been named in any lawsuit. 

17. Had the $785,115.03 in funds not been released, there was an extreme risk that 

Waxman Sales would have been unable to continue paying its vendors the money they are owed 

for its thousand or so various products. There was also a risk that Waxman Sales would not be 

able to continue designing and sourcing new products to sell for the future of the company. 

There was also a risk that Waxman Sales would not have been able to make payroll for its 

personnel, including 43 citizens of the United States (inhabiting 5 states), 9 people in China, and 

4 people in Philippines, all of whom might not receive the money they rely on to support 

themselves and their families.

18. In light of the magnitude of the funds that Amazon.com was withholding and its 

threat to the financial well-being of Waxman Sales, it was necessary to retain outside counsel. I 

began working with outside counsel from the law firm of K&L Gates during the afternoon of 

Friday, February 3, 2023.

19. On or about Tuesday, February 7, 2023, I learned from Waxman Sales’ portal 

with Amazon.com that Amazon.com was no longer withholding the previously mentioned 

$785,115.03 in funds. Unfortunately, however, at that point, Waxman Sales’ portal with 

Amazon.com indicated that the previously withheld $785,115.03 funds had apparently been 

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