2026-cv-02267 AI分析
04/07/2026
DEFENDANT VLAD ARTYM'S RENEWED MOTION by Defendant Vlad Artym to compel arbitration and stay proceedings (Recieved via pro se online portal on 4/7/2026) 翻译
04/06/2026
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant's motion challenging service of process and motion to compel arbitration [24], in which Defendant requests that he be properly served under the Hague Convention before holding a hearing on a preliminary injunction, or that this case is sent to arbitration. The Court agrees with Plaintiff that service under the Hague Convention is not necessary before entering a preliminary injunction. As the Seventh Circuit has held, "because formal service of process under the Hague Convention or other provisions of law can take months, acceptance of [the defendant's] argument [as to service] would have the unfortunate effect of immunizing most foreign defendants from needed emergency injunctive relief. There is a reason Rule 65 allows emergency injunctive relief before service of process, and this case provides a good example." H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 842 (7th Cir. 2012). As to arbitration, the Court finds that the record does not yet support a finding that there is a binding arbitration agreement. "To compel arbitration, a party must show (1) an agreement to arbitrate, (2) a dispute within the scope of the arbitration agreement, and (3) a refusal by the opposing party to proceed to arbitration." Kass v. PayPal Inc., 75 F.4th 693, 700 (7th Cir. 2023). "[I]f the party opposing arbitration identifies a genuine dispute of material fact regarding whether the parties agreed to arbitrate in the first place, there must be a trial on that issue." Id. Plaintiff argues that Defendant has not admitted that he has assented to the arbitration clause, and in fact takes positions that indicate that he disputes that he assented. Defendant replies that this foundational questionthat is, whether or not he agreed to an arbitration clause in the first placeneeds to be sent to an arbitrator due to the "delegation clause" in the terms of service, so the Court need not make a finding on this point. But the Seventh Circuit has held that "[e]ven the most sweeping delegation cannot send the contract-formation issue to the arbitrator, because, until the court rules that a contract exists, there is simply no agreement to arbitrate." K.F.C. v. Snap Inc., 29 F.4th 835, 837 (7th Cir. 2022). Defendant has not admitted that he assented to the terms of service. Rather, he appears to preserve the argument that he has not in fact assented to the terms of service. Accordingly, it is disputed whether there is a binding agreement to arbitrate. For the reasons stated, the motion challenging service of process for the purposes of a preliminary injunction and the motion to compel arbitration are denied without prejudice at this time [24]. Mailed notice. 翻译
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
