Cavanaugh v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint,

ORDER granting 31 Letter Motion to Adjourn Conference. Application GRANTED. Defendants shall submit their opposition, if any, to Plaintiff's motion for a preliminary injunction by May 13, 2025. Plaintiff shall file his reply, if any, by May 14, 2025. The hearing scheduled for April 25, 2025 is adjourned to May 16, 2025 at 11:30 a.m. Good cause exists to extend the TRO because Plaintiff cannot effectuate service until the third-party service provider discloses Defendants' co ntact information. See Fed. R. Civ. P. 65(b)(2); see also Cawthon v. Zhousunyijie, 700 F. Supp. 3d 20, 31 n.2 (S.D.N.Y. 2023) ("A temporary restraining order can be extended beyond the 14-day limit for good cause, and while service is bei ng effected."). Moreover, no Defendant has opposed Plaintiff's motion for a preliminary injunction by the deadline of April 23, 2025. Accordingly, the Court extends the TRO through May 16, 2025. The Clerk of Court is directed to terminate ECF No. 31. Telephone Conference set for 5/16/2025 at 11:30 AM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 4/24/2025) (rro)

ORDER GRANTING ALTERNATIVE SERVICE granting in part 26 MOTION Alternative Service. WHEREAS, for countries that have objected to service under Article 10 of the Hague Convention, service via email is permissible notice of the TRO and motion for a preliminary injunction under the urgency exception of Article 15, which states that [n]otwithstanding the provisions of the preceding paragraphs, the judge may order, in case of urgency, any provisionalor protective measures." Email service o n a defendant located in a country that has objected to Article 10 is nonetheless proper when there is an urgency of preventing irreparable harm, as well as the delays associated with effectuating service through the country's central authorit y. See, e.g., King Spider LLC v. 884886 CH Store, No. 23-CV-3472 (S.D.N.Y. Dec. 17, 2024).* *However "no default judgment can be entered against any Defendants [to whom the Hague Convention applies] until service is completed in compliance wit h the Hague Convention." ABC v. DEF, No. 24CV8341 (DLC), 2024 WL 5168624, at *1 (S.D.N.Y. Dec. 13, 2024). Therefore, IT IS HEREBY ORDERED, that1. Plaintiff's Motion for Alternative Service is GRANTED in part; 2. Plaintiff is authorized to serve the summons, complaint, the TRO and all other initiating documents in this action upon each Defendant via email at the addresses identified by the respective online service providers in response to Plaintiff's discovery requests;**3. Such service shall be deemed effective upon transmission, and no further service shall be required to provide Defendants notice except as required for compliance with the Hague Convention and unless otherwise ordered by the Court. **For the purpos e of default judgment, such service shall not satisfy Plaintiff's obligation to serve the summons and complaint upon Defendants in countries that have objected to service under Article 10 of the Hague Convention. See ABC v. DEF, No. 24CV8341 (DLC), 2024 WL 5168624, at *1 (S.D.N.Y. Dec. 13, 2024). (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/23/2025) (jca)

Temporary Restraining Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions