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S.D.N.Y.Procedural orderFiled Dec. 13, 2022

Lead Creation Inc. v. The Partnerships and Unincorporated Associations…

Full caption

Lead Creation Inc. v. The Partnerships and Unincorporated Associations identified on Schedule A

Judge
Jesse Furman
Docket
1:22-cv-10377
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePreliminary Injunction
In one sentence

In Lead Creation Inc. v. Hangzhou Yueji E-Commerce Co., Ltd., Judge Furman scheduled a conference about Plaintiff’s request for emergency relief.

Who this affects

Lead Creation Inc., the named defendants, and their counsel, who were directed to participate in or prepare for the scheduled conference.

What happened

Lead Creation Inc. filed a complaint and asked the court to issue an emergency order without notifying the defendants. The court scheduled a telephone conference for December 16, 2022.

The court directed Lead Creation Inc. to be ready to discuss whether the complaint adequately supports jurisdiction over the defendants, whether the alleged harm justified an emergency order without notice, and whether the court could authorize service under federal rules and the Hague Convention. The court also asked about which defendant produced a product discussed in an expert report and directed Plaintiff to correct the report if necessary.

Judge Jesse M. Furman issued the order scheduling the conference and identifying these issues for discussion. The order did not decide whether to issue the requested emergency order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Lead Creation Inc. v. The Partnerships and Unincorporated Associations… · No. 1:22-cv-10377
Judge
Jesse Furman
Date
Dec. 13, 2022

Background

Lead Creation Inc. filed a complaint on December 8, 2022, and sought an emergency temporary restraining order without notice to the defendants. The order does not describe the underlying claims in detail.

Issues Identified by the Court

The court ordered Lead Creation Inc. to appear for a remote telephone conference on December 16, 2022. It directed Plaintiff to be prepared to address:

- Whether the complaint’s allegations were sufficient for the court to exercise personal jurisdiction over the defendants, meaning the court’s authority over those defendants. - Whether Plaintiff showed the immediate and irreparable injury required for an emergency temporary restraining order without notice under Federal Rule of Civil Procedure 65(b)(1). - Whether the court had authority to order service on the defendants under the Hague Convention and Federal Rule of Civil Procedure 4(f). - Whether the fifth product discussed in the expert report was produced by MAXIAEON or Beaulyue Betgod. The court stated that Plaintiff should file a corrected report if the report referred to the wrong product.

Order

Judge Jesse M. Furman scheduled the conference and instructed counsel to follow the court’s telephone-conference procedures. The order did not grant or deny the requested temporary restraining order and did not resolve the jurisdiction, service, or expert-report issues.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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