Order | Filed: October 02, 2026
| Entered: October 02, 2026
Fritz et al v. Iran and China Investment Development Group
Other Statutory Actions | New York Eastern
Order on Motion for Service by Publication
ORDER granting 136 Breitweiser Interveners' ("Plaintiff-Intervenors") Motion for Leave to Effect Alternative Service. In their motion, the Plaintiff-Interveners move for leave to serve the summons, complaint, and supporting papers on Defendant Iran and China Investment Development Group d/b/a Lubian.com ("LuBian") through its U.S. counsel and through the Defendant's email, as previously authorized by this Court. See April 6, 2026 Order. For the same reasons stated in this Court's April 6 Order, that motion is granted and Plaintiff-Intervenors are authorized to serve LuBian through U.S. counsel and email.
In the related action United States v. Approximately 127,271 Bitcoin, No. 25-CV-5745, in which LuBian has appeared, it asserts that the Court's April 6 Order incorrectly identified LuBian as "an Iranian entity," and thus the Court's determination that the Hague Convention did not apply was also incorrect. Approximately 127,271 Bitcoin, No. 25-CV-5745, ECF No. 473. Assuming that assertion is correct, it does not meaningfully change the analysis here. In responses to the government's Supplemental Rule G(6) interrogatories, LuBian explains that it is an "unincorporated collective" and based on those same responses, does not appear to maintain a physical address at which it could be served in any country. See Approximately 127,271 Bitcoin, No. 25-CV-5745, ECF No. 504-1. Accordingly, the Court cannot conclude that the proposed alternative service on LuBian — which complies with due process and will provide actual notice — would be prohibited by international agreement. See Hague Service Convention, Art. 1 ("This Convention shall not apply where the address of the person to be served with the document is not known."); Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, 164 F.4th 164, 168 (2d Cir. 2025) (same).
Accordingly, Plaintiff-Intervenors shall serve Defendant both via counsel and via email pursuant to Fed. R. Civ. P. 4(f)(3) and shall file proof of service on the docket by November 2, 2026. Ordered by Magistrate Judge Clay H. Kaminsky on 10/2/2026. (MAS)