Order | Filed: September 17, 2026
| Entered: September 17, 2026
Zhou v. The Partnerships, Unincorporated Associations Identified on Schedule A
Copyright | Florida Southern
- Order (PAPERLESS or pdf attached)
PAPERLESS ORDER REGARDING PROCEDURES IN SCHEDULE "A" CAUSES OF ACTION
SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice.
Any motion for alternate service upon Defendants must state what methods Plaintiff has undertaken to effectuate service. A motion for alternate service will not be granted where a plaintiff does not provide evidence or affidavits to show what efforts Plaintiff has undertaken to determine whether the addresses it has on file for each Defendant are actually associated with each Defendant. See, e.g., Zuru (Singapore) Pte., Ltd. v. Individuals Identified on Schedule A Hereto, No. 22-2483, 2022 WL 14872617, at *2 (S.D.N.Y. Oct. 26, 2022) (finding alternative process under Rule 4(f)(3) proper where plaintiff "conducted further online research, sent mail to the addresses, and conducted in-person visits" to determine whether physical addresses provided by Amazon were accurate). Further, any motion for alternate service effectuated upon a foreign defendant pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure must detail: (1) the proposed method of service for each Defendant; (2) the domicile of each Defendant; (3) what reasonable efforts were undertaken to discover each Defendant's domicile; and (4) whether the form of alternate service requested is permitted by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents given each Defendant's domicile.
MOTIONS FOR TEMPORARY RESTRAINING ORDER: Any motion for entry of temporary restraining order or for entry of preliminary injunction must include a verified certification from counsel detailing steps Plaintiff has taken to verify that this Court has personal jurisdiction over each Defendant. See Meier ex rel. Meier v. Sun Int'l Hotels, Ltd., 288 F.3d 1264, 1268-69 (11th Cir. 2002) ("The plaintiff has the burden of establishing a prima facie case of personal jurisdiction over a nonresident defendant."). Plaintiff must sufficiently allege this Court's jurisdiction over each Defendant pursuant to Florida Statutes § 48.193(1)(a)(1)-(2) and § 48.193(1)(a)(6), or, in the alternative, Rule 4(k) of the Federal Rules of Civil Procedure.
Any motion for entry of temporary restraining order or for entry of preliminary injunction must include or incorporate allegations that show: "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest," and establish entitlement to relief with regard to each Defendant. Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995).
Additionally, if a motion requests entry of a temporary restraining order without notice to the adverse party or parties, the motion must also plead "specific facts in an affidavit or a verified complaint" that "clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition," and the movant's attorney must certify "in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1).
CERTIFICATION REGARDING PRIOR SUITS: Within FIVE (5) days of the date of this Order, counsel for Plaintiff shall file a verified response to this Order, which must include whether counsel has conducted a search of case filings in the records of the Clerk of the United States District Court for all districts to ascertain whether Defendants have ever been sued prior to the filing of this suit for any alleged violations of Plaintiff's intellectual property rights. If counsel did not conduct such a search prior to the filing of this lawsuit, counsel shall conduct that search prior to responding to this Order and indicate the results of that search in a verified response. If there has been a prior suit, counsel shall include in the verified response information about the present status of that litigation, if it is pending, and, if not pending, the nature of the disposition (e.g.