墨婷跨境
MOT CROSS-BORDER
微信号: Mooting2018
墨婷跨境
MOT CROSS-BORDER
| 编号 | 日期 | 案件进程 |
|---|---|---|
| 14 | 07/23/2026 | ORDER ORDER GRANTING [4] MOTION for Leave to File Documents Under Seal. Signed by Judge Christy Criswell Wiegand on 7/23/2026. |
| 13 | 07/22/2026 | ORDER ORDER DENYING WITHOUT PREJUDICE 5 Motion for Alternative Service. In the 5 Motion, Plaintiff FOSHAN HUAYUN TECHNOLOGY CO., LTD. requests leave to serve Defendants via email and website publication pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure. The Court declines to authorize service by such alternative means at this time. First, where it applies, the Hague Service Convention is exclusive, and provides the relevant catalogue of possible means of transmission for service abroad. SEC v. Lahr, No. 22-2497, 2024 WL 3518309, at *34 (3d Cir. July 24, 2024). Here, the 1 Complaint alleges that the Defendants reside in China or other foreign jurisdictions. Thus, the Hague Convention presumptively governs service. See Vanderhoef v. China Auto Logistics Inc., No. 218CV10174CCCSCM, 2019 WL 6337908, at *3 (D.N.J. Nov. 26, 2019) (explaining that the United States and China are both signatories to the Hague Convention). China has objected to Article 10 of the Hague Convention, so service by email on Chinese defendants is not authorized under the Convention. See D Squared Plant Traps LLC v. Guangdong Bixing Trading Co., LTD., 716 F. Supp. 3d 352, 356 n.2 (W.D. Pa. 2024) (Conti, J.) ([C]ourts have refused to authorize service via email when the receiving country has objected to [Article 10 of the Hague Convention].). And the Court cannot authorize service under Rule 4(f)(3) by means that would violate the Hague Convention. See id. at 357 (quoting Rio Properties, Inc. v. Rio Intl Interlink, 284 F.3d 1007, 1015 n.4 (9th Cir. 2002)) (A federal court [is] prohibited from issuing a Rule 4(f)(3) order in contravention of an international agreement, including the Hague Convention.). Finally, Plaintiff has not established that an exception applies such that the Hague Convention is not applicable in this case. See, e.g., Lahr, 2024 WL 3518309, at *34 (explaining that the Convention does not apply where the address of the party to be served is unknown, and that courts employ a reasonable diligence test that examines whether a plaintiff engaged in reasonably diligent efforts to discover a defendant's address). Accordingly, IT IS HEREBY ORDERED that the 5 Motion is DENIED WITHOUT PREJUDICE to Plaintiffs ability to file a renewed motion for alternative service as appropriate.Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 12 | 07/22/2026 | ORDER ORDER granting 3 Motion for Zheng Liu to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 11 | 07/22/2026 | NOTICE NOTICE REGARDING TELEPHONIC PROCEEDINGS: The parties are directed to use the following information to access any telephone conference scheduled in this case. Conference Phone Number: 1 412-547-0144. Phone Conference ID: 359 195 882# |
| — | 07/22/2026 | ORDER Order (Text entry; no document attached.) |
| 10 | 07/22/2026 | ORDER ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 7/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| 9 | 07/22/2026 | NOTICE NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. |
| 8 | 07/21/2026 | SUMMONS Summons Issued as to SCHEDULE A DEFENDANTS |
| — | 07/21/2026 | ORDER Order Reassigning Case (Text entry; no document attached.) |
| 7 | 07/21/2026 | ORDER ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 7/21/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. |
| — | 07/21/2026 | ADMIN Judge Christy Criswell Wiegand added. (Text entry; no document attached.) |
| 6 | 07/20/2026 | PATENT/TRADEMARK DOCUMENTS ISSUED. |
| 5 | 07/17/2026 | MOTION MOTION for Alternative Service by FOSHAN HUAYUN TECHNOLOGY CO., LTD. 1 attachment |
| 4 | 07/17/2026 | MOTION MOTION for Leave to File Documents Under Seal by FOSHAN HUAYUN TECHNOLOGY CO., LTD. 1 attachment |
| 3 | 07/17/2026 | APPEARANCE MOTION for attorney Zheng Liu to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9735675) by FOSHAN HUAYUN TECHNOLOGY CO., LTD. 2 attachments |
| — | 07/20/2026 | ADMIN Judge David S. Cercone added. (Text entry; no document attached.) |
| 2 | 07/17/2026 | ADMIN Disclosure Statement identifying None as corporate parent or other affiliate by FOSHAN HUAYUN TECHNOLOGY CO., LTD. |
| 1 | 07/17/2026 | COMPLAINT COMPLAINT against SCHEDULE A DEFENDANTS (Filing fee, including Administrative fee, $405, receipt number APAWDC-9735672), filed by FOSHAN HUAYUN TECHNOLOGY CO., LTD. 9 attachments |