12 Cited authorities

Prewitt Enterprises v. Org. of Petroleum
353 F.3d 916 (11th Cir. 2003) Cited 237 times
Holding that a "district court ‘may’ direct alternate means of service [under Rule 4(f)(3) ]"
Ehrenfeld v. Mahfouz
No. 04 Civ. 9641 (RCC) (S.D.N.Y. Mar. 23, 2005) Cited 38 times
Finding alternative service appropriate where defendant's home, Saudi Arabia, is not a Hague Convention member, personal service would be challenging, and plaintiff's counsel could not discern defendant's address address
Prediction Company LLC v. Rajgarhia
09 Civ. 7459 (SAS) (S.D.N.Y. Mar. 22, 2010) Cited 30 times
Granting plaintiff's request to serve Indian defendant through United States-based counsel where plaintiff had "actively, though unsuccessfully, attempted to obtain [Indian defendant's] address in a variety of ways" in order to serve under the Hague Convention
Casio Computer Co., Ltd. v. Sayo
98 Civ. 3772 (WK) (S.D.N.Y. Oct. 13, 2000) Cited 33 times
Holding defendant bank's wire transfers to U.S. bank accounts does not create minimum contacts
United Artists v. Masterpiece Productions
221 F.2d 213 (2d Cir. 1955) Cited 137 times
Holding mere logical relationship between claims is sufficient, not absolute identity of factual backgrounds
Chambers v. Capital Cities/ABC
159 F.R.D. 441 (S.D.N.Y. 1995) Cited 29 times
Holding that plaintiff could only interview former employees bound by confidentiality agreements if plaintiff gave defendant notice and opportunity to attend interviews
KPN B.V. v. Corcyra D.O.O
08 Civ. 1549 (JGK) (S.D.N.Y. Mar. 16, 2009) Cited 13 times
08 Civ. 1549 (JGK). March 16, 2009 MEMORANDUM OPINION AND ORDER JOHN KOELTL, District Judge The plaintiff, KPN B.V. ("KPN"), requests leave to serve process on defendants Corcyra D.O.O. ("Corcyra") and Moshe Har Adir ("Adir") by alternative means pursuant to Federal Rule of Civil Procedure 4(f)(3). Specifically, the plaintiff requests leave to serve Corcyra by serving process on Corcyra's New York counsel (Kevin Shelley, Esq.), and leave to serve Mr. Adir by serving process on Mr. Adir's New York
U.S. v. Estate of Machat
08 Civ. 7936 (JGK) (S.D.N.Y. Sep. 21, 2009) Cited 11 times
Approving service by email and on the defendant's attorney where the attorney had appeared for the defendant in matter, "and therefore must [have] know[n] how to contact [the defendant] to notify her of service"
United States v. Distribuidora Batiz CGH, S.A. De C.V.
CASE NO. 07cv370-WQH-JMA (S.D. Cal. Aug. 10, 2009) Cited 8 times
CASE NO. 07cv370-WQH-JMA. August 10, 2009 ORDER WILLIAM HAYES, District Judge The matters before the Court are the Motion for Default Judgment Against Fourteen Defendants (Doc. # 59); the Motion to Set Aside Clerk's Default and Dismiss Action as to Moving Defendants (Doc. # 61); the Motion to Withdraw the Motion for Default Judgment as to Thirteen of Fourteen Defendants (Doc. # 66); and the Motion for Limited Early Discovery (Doc. # 67). I. BACKGROUND On February 27, 2007, Plaintiff United States
INTERCONTINENTAL INDUSTRIES CORPORATION v. LUO
Case No. CV 10-4174-JST (Ex) (C.D. Cal. Jan. 20, 2011) Cited 2 times
Case No. CV 10-4174-JST (Ex). January 20, 2011 CIVIL MINUTES — GENERAL JOSEPHINE TUCKER, District Judge PROCEEDINGS: (IN CHAMBERS) ORDER DENYING PLAINTIFF'S MOTION TO AUTHORIZE ALTERNATIVE METHODS OF SERVICE OF PROCESS ON DEFENDANT (Doc. 6) WITHOUT PREJUDICE I. INTRODUCTION AND BACKGROUND On June 4, 2010, Plaintiff Intercontinental Industries Corporation ("Intercontinental") filed suit against Defendant Qingquan Luo, an individual who resides in the city of Wuhan in the Hubei Province, China, alleging
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 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

Gucci America, Inc. et al v. Li et al

12 Cited authorities

Holding that a "district court ‘may’ direct alternate means of service [under Rule 4(f)(3) ]"

Finding alternative service appropriate where defendant's home, Saudi Arabia, is not a Hague Convention member, personal service would be challenging, and plaintiff's counsel could not discern defendant's address address

Granting plaintiff's request to serve Indian defendant through United States-based counsel where plaintiff had "actively, though unsuccessfully, attempted to obtain [Indian defendant's] address in a variety of ways" in order to serve under the Hague Convention

Holding defendant bank's wire transfers to U.S. bank accounts does not create minimum contacts

Holding mere logical relationship between claims is sufficient, not absolute identity of factual backgrounds

Holding that plaintiff could only interview former employees bound by confidentiality agreements if plaintiff gave defendant notice and opportunity to attend interviews

Approving service by email and on the defendant's attorney where the attorney had appeared for the defendant in matter, "and therefore must [have] know[n] how to contact [the defendant] to notify her of service"

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