Samuel Patrick Wolanyk v. John Does 1-15, individually and as an enterprise

CourtDistrict Court, D. Oregon
DecidedJanuary 23, 2026
Docket3:26-cv-00127
StatusUnknown

This text of Samuel Patrick Wolanyk v. John Does 1-15, individually and as an enterprise (Samuel Patrick Wolanyk v. John Does 1-15, individually and as an enterprise) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samuel Patrick Wolanyk v. John Does 1-15, individually and as an enterprise, (D. Or. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

SAMUEL PATRICK WOLANYK, Case No.: 3:26-cv-00127-AN

Plaintiff, v. OPINION AND ORDER JOHN DOES 1-15, individually and as an enterprise,

Defendants. Plaintiff Samuel Patrick Wolanyk brings this action against defendants John Does 1-15, alleging claims for violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, as well as for fraud, conversion, and unjust enrichment under Oregon common law. On January 21, 2026, plaintiff filed the verified complaint, a motion to seal, a motion for expedited discovery, and a motion for temporary restraining order ("TRO") and preliminary injunction and declaration in support thereof. After reviewing plaintiff's filings, the Court finds that oral argument will not help resolve this matter. Local R. 7-1(d). For the reasons stated herein, the Court grants plaintiff's motion to seal; grants in part and denies in part plaintiff’s motion for expedited discovery; and grants in part and otherwise reserves ruling on plaintiff’s motion for TRO and preliminary injunction. LEGAL STANDARD A. TRO & Preliminary Injunction TROs and preliminary injunctions are subject to substantially the same legal standard. See Fed. R. Civ. P. 65; New Motor Vehicle Bd. of Cal. v. Orrin W. Fox Co., 434 U.S. 1345, 1347 n.2 (1977); Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001). A plaintiff seeking a TRO or preliminary injunction must show: (1) the plaintiff is likely to succeed on the merits; (2) the plaintiff is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in favor of the plaintiff; and (4) an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Ultimately, TROs and preliminary injunctions are "extraordinary remed[ies] that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Id. at 22. The Ninth Circuit uses a "serious questions" test which dictates that "'serious questions going to the merits' and a hardship balance that tips sharply toward the plaintiff can support issuance of [a TRO or] preliminary injunction, assuming the other two elements of the Winter test are also met." All. For the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011). Thus, under the serious questions test, a TRO or preliminary injunction can be granted if there is a likelihood of irreparable injury to the plaintiff, serious questions going to the merits, the balance of hardships tips sharply in favor of the plaintiff, and the injunction is in the public interest. M.R. Dreyfus, 697 F.3d 706, 725 (9th Cir. 2012). Under Federal Rule of Civil Procedure 65(a)(1), a preliminary injunction may only issue "on notice to the adverse party." In contrast, a plaintiff may seek a TRO ex parte—albeit only under very limited circumstances: a TRO may be issued without notice to the adverse party only if "specific facts in an affidavit or a verified complaint 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 "certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1). Issuance of ex parte TROs is "extremely limited" because "'our entire jurisprudence runs counter to the notion of court action taken before reasonable notice and an opportunity to be heard has been granted both sides of a dispute.'" Reno Air Racing Ass'n v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006) (quoting Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Loc. No. 70 of Alameda Cnty., 415 U.S. 423, 438-39 (1974)). Courts have recognized that issuance of an ex parte TRO may be appropriate in limited circumstances "'where notice to the adverse party is impossible either because the identity of the adverse party is unknown or because a known party cannot be located in time for a hearing'" or "'because notice to the defendant would render fruitless the further prosecution of the action.'" Id. (quoting Am. Can Co. v. Mansukhani, 742 F.2d 314, 322 (7th Cir. 1984)). Ultimately, ex parte TROs "should be restricted to serving their underlying purpose of preserving the status quo and preventing irreparable harm just so long as is necessary to hold a hearing, and no longer." Granny Goose Foods, Inc., 415 U.S. at 439. A TRO "issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk's office and entered in the record." Fed. R. Civ. P. 65(b)(2). Then, "the motion for a preliminary injunction must be set for hearing at the earliest possible time." Fed. R. Civ. P. 65(b)(3). The adverse party, "[o]n [two] days' notice to the party who obtained the order without notice . . . may appear and move to dissolve or modify the order." Fed. R. Civ. P. 65(b)(4). A TRO issued without notice to the opposing party may not exceed fourteen days, except that it may be extended by the court one time, for no more than an additional fourteen days, upon showing of good cause. Fed. R. Civ. P. 65(b)(2). If the parties do not consent to an extension, then the court must schedule a preliminary injunction hearing to occur within twenty-eight days after the date of the issuance of the TRO. See id. B. Expedited Discovery Rule 26(d) allows for discovery prior to a Rule 26(f) conference under certain circumstances. Courts in the Ninth Circuit "use the 'good cause' standard to determine whether discovery should be allowed to proceed prior to a Rule 26(f) conference." Rovio Ent. Ltd. v. Royal Plush Toys, Inc., 907 F. Supp. 2d 1086, 1099 (N.D. Cal. 2012). "Good cause may be found where the need for expedited discovery, in consideration of the administration of justice, outweighs the prejudice to the responding party." Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002).

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Samuel Patrick Wolanyk v. John Does 1-15, individually and as an enterprise, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samuel-patrick-wolanyk-v-john-does-1-15-individually-and-as-an-enterprise-ord-2026.