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HASHEM v. AL SHABI et al

Memorandum in opposition to re MOTION to Dismiss for Insufficient Service of Process

18 Cited authorities

  1. Rio Properties, Inc. v. Rio Intern. Interlink

    284 F.3d 1007 (9th Cir. 2002)   Cited 1,481 times   3 Legal Analyses
    Holding website-operator defendant's magazine advertisements supported the exercise of jurisdiction where defendant also ran local radio advertisements

  2. Prewitt Enterprises v. Org. of Petroleum

    353 F.3d 916 (11th Cir. 2003)   Cited 232 times
    Holding that a "district court ‘may’ direct alternate means of service [under Rule 4(f)(3) ]"

  3. Light v. Wolf

    816 F.2d 746 (D.C. Cir. 1987)   Cited 187 times
    Holding that “the party on whose behalf service is made has the burden of establishing its validity when challenged”

  4. Hilska v. Jones

    217 F.R.D. 16 (D.D.C. 2003)   Cited 97 times
    Holding that “the plaintiff carries the burden of establishing that he has properly effected service”

  5. Cruz-Packer v. District of Columbia

    539 F. Supp. 2d 181 (D.D.C. 2008)   Cited 70 times
    Holding that Title VII and the ADEA's requirements that plaintiff satisfy certain administrative prerequisites before filing suit are not jurisdictional

  6. Resource Ventures v. Resources Mgmt. Intern.

    42 F. Supp. 2d 423 (D. Del. 1999)   Cited 89 times
    Holding that service of process by international registered mail to Indonesia was not an appropriate method of service under Rule 4(f)

  7. Freedom Watch, Inc. v. Org. of the Petroleum Exporting Countries

    766 F.3d 74 (D.C. Cir. 2014)   Cited 40 times
    Finding that “Austrian law considers service of process to be a sovereign act,” which “may be exerted only be [an Austrian] court”

  8. Bazarian Int'l Fin. Assocs., L L.C. v. Desarrollos Aerohotelco, C.A.

    168 F. Supp. 3d 1 (D.D.C. 2016)   Cited 33 times
    Holding the plaintiff was "not required to first demonstrate 'a minimum threshold effort to serve Defendants via . . . the Hague Convention"

  9. Jouanny v. Embassy of France in the U.S.

    220 F. Supp. 3d 34 (D.D.C. 2016)   Cited 23 times
    Finding dismissal not appropriate where there was "reasonable prospect service [could] be obtained" and defendant had articulated no prejudice from allowing plaintiff to reattempt service

  10. Securities and Exchange Commission, Plaintiff, v. Jacob

    248 F.R.D. 108 (E.D.N.Y. 2007)   Cited 21 times
    Discussing alternative approaches

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time