IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS (J i'y 13 AM 9 58 

AUSTIN DIVISION 

'_:h 1' DELLINC., 

Plaintiff, 

CAUSE NO.: 

-vs- A-16-CV-00641-SS 

RAJ MISHRA, TECH FIXING 

CENTER LLC, SAMEER SHAIKH, 

MANISH DAS, ABDUL KANCHWALA, 

VISION BPO PVT. LTD., MS VOIP 

CONNECTS, TUSHAR BOSE, PRO9 

INFOSERVICES PVT. LTD., GLOBAL 

VALUE ADD INC., SUDHIR PAl, 

GURU DORSALA, WEBCONNECT 

LLC, DREAMLAND BPO, RIYAZ 

SHAIKH, MOSHIN SHAIKH, 

ONLINETECHSUPPORTS.NET LLC, 

ANURAG GUPTA, SURINDER 

KUMAR, GSVT INFOTECH PVT. 

LTD., GAURAV SHARMA, VIKAS 

TIWARI, MIND TREE INFOTECH 

LLC, MINDTREE INFOTECH, 

PAVITER SINGH, SIMRANJEET 

SINGH, RAJINDER SINGH, 

JASMINDER SINGH, HS DIGITAL 

SOLUTIONS LLC, NK DIGITAL 

SOLUTION, MOHAMMAD AASIF, 

ASIF KHAN, IFN.COM INC., 

Defendants. 

ORDER 

BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, 

and specifically Plaintiff Dell, Inc. ("Dell")'s Agreed Motion to Sever [#178], Notice of 

Voluntary Dismissal Without Prejudice [#179], and Motion for Entry of Default Judgment and 

Permanent Injunction [#180]. Having considered the pleadings, the relevant law, and the file as a 

whole, the Court now enters the following opinion and orders. 

In May 2016, Dell filed this lawsuit seeking an injunction, declaratory judgment, 

damages, attorney's fees, and costs against thirty-three defendants. Id. at 49-52. Eight of these 

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defendants responded. Tech Fixing Center LLC answered, but was held by the Court to be in 

default for failing to retain counsel. See Order of Jan. 27, 2017 [#35]. IFN.com, Inc. objected to 

personal jurisdiction and was dismissed. Order of Sept. 24, 2018 [#135]. Global Value Add, Inc., 

Sudhir Pai, and Guru Dorsasla were severed from the case on November 28, 2018, and final 

judgment has been rendered against them. See Order of Nov. 28, 2018 [#152]; see also 

Stipulated J. Permanent Inj. [#152], Dell, Inc. v. Global Value Add, Inc., No. 1:18-CV-01017-SS. 

Similarly, Surinder Kumar was severed from the case on August 15, 2019, and final judgment 

has been rendered against Kumar as well. See Order of August 15, 2019 [#172]; see also Final J. 

[#177], Dell, Inc. v. Kumar, 1:19-cv-00814-SS. 

Because many of the defendants in this case reside in India, the Court permitted Dell to 

serve these defendants by email. See Order of July 12, 2017 [#69]; see also Order of Nov. 1, 

2018 [#140]. Along with Mindtree Infotech, LLC, four of these so-called Indian defendants 

Moshin Shaikh, Vikas Tiwari, Mohammad Aasif, and Asif Khanwere severed from the case 

on June 7, 2019, and final judgment was rendered against them. See Order of June 7, 2019 

[#166]; see also Final J. [#171], Dell, Inc. v. Shaikh, No. 1:19-cv-00610-SS. Dell has been 

unable to serve eight of the other Indian defendants (the "Unserved Defendants"): Raj Mishra, 

Vision BPO Pvt. Ltd., Dreamland BPO, Riyaz Shaikh, GVST Infotech Pvt. Ltd., Gaurav Sharma, 

Ranjinder Singh, and Jasmina Singh. See Motion Entry Default J. [#180] at 3. 

All of the remaining defendants in this case have had default entered against them for 

failing to plead or otherwise respond. Dell now seeks to sever two of the remaining defendants 

Anurag Gupta and Onlinetechsupports.net LLCbecause the parties have agreed to a stipulated 

judgment of a permanent injunction. See Agree Motion Sever [#178]. The Court GRANTS this 

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motion and will enter the attached consent decree in the severed case upon receipt of the filing 

fees. 

Dell also seeks to dismiss the Unserved Defendants along with Manish Das and Abdul 

Kanchwala. Notice Voluntary Dismissal [#179]. It has further moved for default judgment 

against Tech Fixing Center LLC, Tushar Bose, Pro9 Infoservices Pvt. Ltd., Webconnect LLC, 

Mind Tree Infotech LLC, Paviter Singh, Simranjeet Singh, and HS Digital Solutions LLC. 

Motion Entry Default J. [#180]. According to Dell, these two motions operating in tandem 

dispose of all remaining defendants in this case, thereby permitting the Court to render a final 

judgment. See id. at 3 ("Every Defendant named in the Fourth Amended Complaint that has not 

previously been dismissed or had judgment entered against them is the subject of either the 

Consent Decree Motion, the Notice of Voluntary Dismissal, or this Motion."). Upon review, 

however, the Court finds there are two defendantsMS VOIP Connects and NK Digital 

Solutionwho have not been the subject of a final judgment and who are not covered by any of 

Dell's pending motions. Accordingly, the Court dismisses Dell's motion to dismiss and motion 

for entry of default judgment with leave to refile once the status of these defendants is clarified. 

Accordingly, 

IT IS ORDERED that Dell's Agreed Motion to Sever [#178] is GRANTED. 

Defendants Anurag Gupta and Onlinetechsupports.net LLC are hereby severed from this 

case, and the Clerk shall care a new cause number upon the receipt of filing fees. The 

Consent Decree attached to Dell's Motion shall be entered upon the creation of the 

severed case. 

IT IS FURTHER ORDERED that Dell's Notice of Voluntary Dismissal [#179] is 

DISMISSED without prejudice to refihing for reasons cited in the above opinion, and 

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IT IS FINALLY ORDERED that Dell's Motion for Entry of Default Judgment 

and Permanent Injunction [#180] is DISMISSED without prejudice to refiling for reasons 

cited in the above opinion. 

SIGNED this the thirteenth day of May 2020. 

SENIOR UNITED ST 

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