The Republic of Nicaragua v. The Lopez-Goyne Family

Background

Nicaragua asked the court for permission under Rule 4(f)(3) of the Federal Rules of Civil Procedure to use alternative methods to serve the summons and amended petition. It proposed serving David Michael Goyne and Emily Lopez Goyne by email and Michael David Goyne through WhatsApp.

Nicaragua’s amended petition seeks to enforce respondents’ financial obligations under a March 1, 2023 arbitration award. The award, issued under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, awarded Nicaragua $1.5 million in costs and expenses after the respondents’ claims against Nicaragua were rejected.

Court’s Analysis

Rule 4(f) governs service on an individual in a foreign country. Rule 4(f)(3) permits service by other means that the court orders, as long as the method is not prohibited by an international agreement.

The court found that Nicaragua had not sufficiently shown that any of the three respondents lived outside the United States. Nicaragua provided evidence of their former addresses in Hawaii and stated that counsel for other respondents believed David Goyne and Emily Goyne lived in the Philippines and Michael Goyne lived in Guatemala. But Nicaragua did not show the basis for those beliefs.

The court also held that, even assuming the respondents lived abroad, Nicaragua had not shown that alternative service was necessary. Nicaragua did not claim that it had tried to locate physical addresses for the respondents or that any respondent was evading service. The court noted that courts generally require such a showing before approving email service and have approved WhatsApp service in circumstances involving other service attempts or evidence that other methods would not work.

Finally, Nicaragua did not show that the proposed email addresses or WhatsApp account were currently functional, verified, or reasonably likely to notify the respondents of the case and give them an opportunity to respond.

Disposition

Judge Maxine M. Chesney denied Nicaragua’s motion for an order permitting alternative methods of service, without prejudice to renewal upon a more detailed showing. The order did not decide whether Nicaragua would ultimately prevail in enforcing the arbitration award.