Oppenheimer v. Manhattan Realty Group, Inc.
- Naomi Buchwald
- 1:24-cv-09719
- U.S. District Court · Southern District of New York
- 7
In Oppenheimer v. Manhattan Realty Group Services, Judge Buchwald granted Oppenheimer’s motion to extend service and allow service by email and text.
The order affects plaintiff David Gordon Oppenheimer and defendants Manhattan Realty Group Services Inc. and Fahd Ally by extending the service deadline and authorizing alternate service methods.
What happened
David Gordon Oppenheimer sued Manhattan Realty Group Services Inc. and Fahd Ally, but had not served them with the amended complaint by the time of this order. Oppenheimer asked for more time and permission to serve the defendants by email and text message.
Oppenheimer’s counsel described repeated unsuccessful attempts to serve the defendants at several addresses and searches for additional contact information. The court found that traditional service methods were impracticable and that good cause supported the requested relief.
Judge Naomi Reice Buchwald granted the motion. She gave Oppenheimer until May 16, 2025, to serve the defendants and authorized email and text-message service using the addresses and phone numbers listed in the order.
The detailed version
- Oppenheimer v. Manhattan Realty Group, Inc. · No. 1:24-cv-09719
- Naomi Buchwald
- Apr. 4, 2025
Background
David Gordon Oppenheimer filed an amended complaint against Manhattan Realty Group Services Inc. and Fahd Ally on January 16, 2025. The court stated that the deadline to serve the amended complaint was April 16, 2025, and that the defendants had not yet been served.
Oppenheimer filed a motion seeking both an extension of time to serve the defendants and permission for alternate service by email and text message. Counsel reported multiple unsuccessful service attempts at addresses associated with Manhattan Realty and Ally. Counsel also searched government records, public-record databases, licensing records, websites, and social-media and professional-networking sites for addresses and contact information.
Legal standard
Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. If service is not completed within that period, the court may dismiss the action without prejudice or order service within a specified time. If the plaintiff shows good cause for the delay, the court must extend the service period.
Rules 4(e) and 4(h) allow service on individuals and corporations in the United States according to the law of the state where the federal district court is located. The court explained that New York law provides traditional methods for serving individuals and corporations, but permits alternate methods when traditional service is impracticable. The court also noted that courts have allowed email as an additional method of alternate service.
Ruling
The court found that Oppenheimer’s counsel had made multiple attempts to complete service and had shown that traditional service was impracticable. The court also found that good cause existed for the requested relief.
The court granted Oppenheimer’s motion, ECF No. 14. It extended the deadline to serve the defendants to May 16, 2025. The court authorized service on Manhattan Realty Group Services Inc. by email at info@mrgnyc.com, elih@mrgnyc.com, zorem@aol.com, and ehalali@aol.com, and by text message to 646.209.3664. It authorized service on Ally by email at allyfahd@aol.com, allyfahd@gmail.com, and fahd@mrgnyc.com, and by text message to 718.704.8813.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.