Stebbins v. Garcia Baz

Background

David A. Stebbins, proceeding without a lawyer, moved for entry of default against Thiago Chagas Garcia Baz under the second paragraph of Article 15 of the Hague Convention on Service Abroad. Entry of default is a procedural step recognizing that a defendant has not appeared or otherwise defended the case; it is different from entering a default judgment.

The court had previously denied Stebbins’s first request for entry of default without prejudice. At that time, the court concluded that Brazil’s usual six-to-eight-month period for completing service was an adequate waiting period in this case. The Clerk had transmitted the service documents to Brazil’s Ministry of Justice on July 22, 2024. About nine months later, a Ministry representative reported that the request was still being processed at Brazil’s Superior Court of Justice.

Court’s analysis

Article 15 permits a judge to proceed without a service certificate if three conditions are met: the documents were transmitted by a method authorized by the Hague Convention; at least six months have passed, or a period the judge considers adequate; and no service certificate has been received despite reasonable efforts to obtain one.

The court also addressed whether the United States had made the declaration required by Article 15. Stebbins argued that no declaration was necessary or that the court could make one by authorizing entry of default. The court rejected those arguments but found, based on its own research, that the United States had issued the required declaration.

The court found all three Article 15 conditions satisfied. The documents were sent to Brazil’s central authority under Article 3, and the record did not show that Brazil objected to their form or content under Article 4. Nine months had passed, exceeding both Article 15’s six-month minimum and the Ministry of Justice’s usual six-to-eight-month processing period. The court found that period adequate and concluded that further delay would be contrary to the interests of justice. Finally, no service certificate had been received despite Stebbins’s reasonable efforts to follow up. The court also noted that Stebbins had sent Garcia Baz the same documents by email and presented evidence suggesting Garcia Baz was aware of the action.

Ruling and case schedule

The court instructed the Clerk to enter Garcia Baz’s default. Stebbins must serve Garcia Baz with the entry of default, once issued, and with the order by both email and postal mail, then file proof of service. Stebbins may file a motion for default judgment under Federal Rule of Civil Procedure 55(b) and the applicable local rules no earlier than 28 days after serving those documents. The court advised Garcia Baz that default judgment may be entered if he fails to appear.

The court continued the case management conference from April 24, 2025, to July 24, 2025, at 1:30 p.m., by Zoom webinar. The parties’ updated case management statement is due July 17, 2025, although the court may vacate the conference and filing deadline if Stebbins files a motion for default judgment before then.

Disposition

The court granted Stebbins’s motion for entry of default. It did not enter default judgment or decide the underlying claims.