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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,
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.
L. Christensen, Chief istrict Judge.
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.
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
(A) as prescribed by the foreign country's law for
service in that country in an action in its courts of general
(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;
(3) by other means not prohibited by international agreement,
as the court orders.
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,
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).
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 ...