Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mitchell v. First Call Bail and Surety, Inc.

United States District Court, D. Montana, Missoula Division

June 11, 2019

EUGENE DESHANE MITCHELL, SHAYLEEN MEUCHELL, on their own behalf and as next friend of B.M., Plaintiffs,
v.
FIRST CALL BAIL AND SURETY, INC., ALLEGHENY CASUALTY COMPANY, INTERNATIONAL FIDELITY INSURANCE COMPANY, THE MONTANA CIVIL ASSISTANCE GROUP, MICHAEL RATZBURG, VAN NESS BAKER, JR., and JASON HAACK, Defendants.

          ORDER

          Dana L. Christensen, Chief istrict Judge.

         Before the Court is Plaintiffs' Motion to Serve Process by Mail and Email (Doc. 23). Plaintiffs have successfully served each Defendant except for Jason Haack, who has apparently moved from Montana to Medellin, Columbia, since the occurrence of the events giving rise to this litigation. (Docs. 23 at 2; 23-1 at 2.) Plaintiffs seek authorization to serve process on Haack in Columbia via mail and email.

         Federal Rule of Civil Procedure 4(f) governs the service of process on individuals in foreign countries, the rule provides:

(f) Serving an Individual in a Foreign Country. Unless federal law provides otherwise, an individual-other than a minor, an incompetent person, or a person whose waiver has been filed-may be served at a place not within any judicial district of the United States:
(1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that country in an action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of request; or
(C) unless prohibited by the foreign country's law, by:
(i) delivering a copy of the summons and of the complaint to the individual personally; or
(ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or
(3) by other means not prohibited by international agreement, as the court orders.

         Here, although Columbia is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, see U.S. Department of State- Bureau of Consular Affairs, Judicial Assistance Country Information, https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country- Information/Colombia.html (last visited June 7, 2019), Plaintiffs seek authorization for service via email and mail because service through the method contemplated by the Hague Service Convention "could take six months to a year to complete (Doc. 23 at 3-4).

         "[I]n cases governed by the Hague Service Convention, service by mail is permissible if two conditions are met: first, the receiving state has not objected to service by mail; and second, service by mail is authorized under otherwise-applicable law." Water Splash, Inc. v. Menon,137 S.Ct. 1504, 1513 (2017). It appears as though Columbia has not objected to service by mail. See U.S. Department of State-Bureau of Consular Affairs, supra. And service by mail is allowed under Federal Rule of Civil Procedure 4(f)(2)(C)(ii) when delivery requires a signed receipt and has been addressed and sent by the clerk. Brockmeyer v. May,383 F.3d 798, 804 (9th Cir. 2004). Based on the foregoing, the Court ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.