TRO 案件

Daniel Lachman|2:26-cv-01655

案件基础信息

完整案号
2:26-cv-01655
法院
United States District Court for the Western District of Pennsylvania
立案日
2026-08-06
原告
Daniel Lachman
原告律所
Stratum
权利类型
商标
案件状态
公开记录持续核验中
最后核验时间
2026-08-10 13:32:44

案件进程

编号日期案件进程
12026-08-06COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations Identified in Schedule A (Filing fee, including Administrative fee, $405, receipt number APAWDC-9782223), filed by Daniel Lachman.
22026-08-06MOTION for Leave to File Documents Under Seal by Daniel Lachman.
2026-08-06Judge Christy Criswell Wiegand added.
2026-08-06CLERK'S REQUEST FOR CORRECTIVE ACTION re [2] MOTION for Leave to File Documents Under Seal. ERROR: Caption on document does not match case. CORRECTION REQUIRED: Filer is directed to file the document with a corrected caption using the Errata event.
32026-08-06PATENT/TRADEMARK DOCUMENTS ISSUED.
42026-08-06PATENT/TRADEMARK DOCUMENTS ISSUED.
52026-08-06NOTICE of Appearance by Xiyan Zhang on behalf of Daniel Lachman.
62026-08-06NOTICE of Appearance by Pete Scott Wolfgram on behalf of Daniel Lachman.
72026-08-07ORDER GRANTING [2] Motion to File Documents Under Seal. Signed by Judge Christy Criswell Wiegand on 8/7/2026.
92026-08-11NOTICE 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.
102026-08-11ORDER 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 8/11/2026.
112026-08-11NOTICE 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#
122026-08-13MOTION for Alternative Service by Daniel Lachman.
142026-08-13BRIEF in Support re [12] Motion for Alternative Service filed by Daniel Lachman.
2026-08-14CLERK'S NOTICE OF CORRECTION re [13] SEALED MOTION This document Sealed pursuant to [7] Order on Motion for Leave to File Documents Under Seal, [12] MOTION for Alternative Service. ERROR: Motion and Brief should have been filed as two separate documents. CORRECTION FOR FUTURE FILINGS: Attorney advised that in the future all documents of that nature are to be filed separately. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE.
162026-08-14ORDER DENYING WITHOUT PREJUDICE 12 Motion for Alternative Service. In the 12 Motion, Plaintiff Daniel Lachman 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 12 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 8/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
2026-08-14Order on Motion for Alternative Service
172026-08-14ORDER GRANTING [13] MOTION for Temporary Restraining Order; MOTION for Order Restraining Assets and Merchant Storefronts; MOTION for Order to Show Cause Why a Preliminary Injunction Should Not Issue; and MOTION to Expedite Discovery. Defendants are hereby ORDERED to show cause as to why a preliminary injunction should not be issued on 8/28/2026 at 11:30 AM, IN PERSON in Courtroom 9B before Judge Christy Criswell Wiegand. Opposition papers must be filed on or before 8/21/2026. Signed by Judge Christy Criswell Wiegand on 8/14/2026.
182026-08-20TRO Bond BOND in the amount of $40,000 Receipt Number S-441986, posted by Daniel Lachman NGM Insurance Company as Surety.
192026-08-27CERTIFICATE OF SERVICE by Daniel Lachman re [17] Order on Sealed Motion
202026-08-28MOTION to Continue, MOTION for Extension of Time to File Response/Reply as to [17] Order on Sealed Motion,, MOTION to Appear Remotely by JASPIN-US.
212026-08-28MOTION for attorney Jia Song to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9839168) by JASPIN-US.
222026-08-28Disclosure Statement identifying None as corporate parent or other affiliate by JASPIN-US.
2026-08-28CLERK'S NOTICE OF CORRECTION re [20] MOTION to Continue MOTION for Extension of Time to File Response/Reply as to [17] Order on Sealed Motion, MOTION to Appear Remotely, [21] MOTION for attorney Jia Song to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9839168). ERROR: Attorney signature does not comply with requirements, missing Bar ID number.Documents filed with the Motion. CORRECTION FOR FUTURE FILINGS: Attorney directed to comply with all requirements of LCvR 5.2(B) in all future filings.Attorney advised that in the future all documents of that nature are to filed as attachments to the Motion. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE.
232026-08-31Minute Entry for Order to Show Cause Hearing held on 8/28/2026 before Judge Christy Criswell Wiegand. (Court Reporter: Deborah Betzler)
2026-09-01CLERK'S NOTICE OF CORRECTION re [27] MOTION for attorney Steven G. Kalberg to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9844594). ERROR: Attorney filed a pleading without associating themselves with the corresponding party. CORRECTION FOR FUTURE FILINGS: Attorney directed to add themselves as attorney for their represented party during the process. Failure to do so will result in not receiving NEF receipts of filed documents. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE.
2026-09-01CLERK'S REQUEST FOR CORRECTIVE ACTION re [27] MOTION for attorney Steven G. Kalberg to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9844594). ERROR: Party did not file disclosure statement as required by either LR 7.1.A or FRCvP 7.1(a)(2). CORRECTION REQUIRED: Filer advised to docket statement within 7 days by using the Disclosure Statement event. This event is located by going to Civil > Other Filings > Other Documents > Disclosure Statement.
242026-08-31ORDER re Show Cause Hearing. The Court held a show cause hearing in this case on 8/28/2026. At the hearing, Plaintiff appeared to seek this Court's entry of preliminary injunction against Defendants. However, neither a motion for preliminary injunction nor a detailed proposed preliminary injunction order setting forth the proposed terms of preliminary injunction appears on the docket. Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file any motion for preliminary injunction, along with a proposed order, forthwith. Signed by Judge Christy Criswell Wiegand on 8/31/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
252026-08-31ORDER GRANTING IN PART AND DENYING IN PART 20 Motion to Continue, Motion for Extension to File Response/Reply, Motion to Appear Remotely by JASPIN-US. Defendant JASPIN-US seeks, inter alia, an extension of the deadline to respond to file opposition to Plaintiff's request for preliminary injunction. At a hearing held on 8/28/2026, at which JASPIN-US was not present, Plaintiff consented to the requested extension. Accordingly, IT IS HEREBY ORDERED that JASPIN-US shall file any opposition to preliminary injunction by 9/11/2026. Any reply by Plaintiff shall be filed 9/16/2026. To the extent that the Motion sought any additional relief, IT IS DENIED. Signed by Judge Christy Criswell Wiegand on 8/31/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
262026-08-31First MOTION for Preliminary Injunction by Daniel Lachman.
272026-08-31MOTION for attorney Steven G. Kalberg to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9844594) by AvanUS, HangJianPingo.
282026-09-01MOTION to Extend Time by Daniel Lachman.
292026-09-03ORDER granting 21 Motion for Jia Song to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 9/03/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
302026-09-03ORDER granting 27 Motion for Steven G. Kalberg to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 9/03/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
312026-09-04ORDER GRANTING [26] Motion for Preliminary Injunction by Plaintiff DANIEL LACHMAN. IT IS FURTHER ORDERED that the restraint on Defendants' assets previously granted on 8/14/2026 shall remain in place through the pendency of this litigation, as more fully set forth in the attached Order. IT IS FURTHER ORDERED that the $40,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this PI Order is terminated. Signed by Judge Christy Criswell Wiegand on 9/4/2026.
322026-09-04ORDER directing Plaintiff to file the Unredacted Complaint and add all defendants to the Docket in accordance with the Schedule A instructions for filers available on the Court's website (https://www.pawd.uscourts.gov/sites/pawd/files/Attorney_Civil_Filing_Guide_October_2025.pdf). Signed by Judge Christy Criswell Wiegand on 9/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
332026-09-04ORDER dismissing as MOOT 28 Motion to Extend Temporary Restraining Order by Plaintiff DANIEL LACHMAN in light of the Court having granted Plaintiff's 26 Motion for Preliminary Injunction at ECF No. 31. Signed by Judge Christy Criswell Wiegand on 9/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.
342026-09-07NOTICE of Voluntary Dismissal as to defendant No.25 by Daniel Lachman

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