Crichlow v. Verituity Inc. and Forgepoint Capital

Background

Mark A. Crichlow, representing himself, filed this action against Verituity Inc. and Forgepoint Capital on August 5, 2025. After the court directed the Clerk of Court to issue summonses for service through the U.S. Marshals Service, the Marshals mailed the complaint, summonses, and waiver forms to the defendants on September 4, 2025.

Crichlow moved for permission to serve the defendants by email. The court had previously denied that request while awaiting the defendants’ response to service by mail. The defendants did not appear or return signed waivers. The Marshals later attempted personal service on Forgepoint, but personnel at the front desk refused service.

Court’s Analysis

The court applied Federal Rule of Civil Procedure 4(f)(3), which allows a court to authorize an alternative method of service. The court explained that alternative service must not be prohibited by an international agreement and must satisfy due process. Due process requires notice reasonably calculated to inform interested parties about the case and give them an opportunity to object.

The court found that Crichlow had made reasonable efforts to serve the defendants and that the circumstances justified email service. It authorized Crichlow to email the order, summons, and complaint to Verituity Chief Executive Officer Ben Turner at ben.turner@verituity.com and to Forgepoint Chief Financial Officer Lisa Lee at llee@forgepointcap.com.

Ruling and Effect

The court authorized service on both defendants by email and ordered Crichlow to complete that service by November 20, 2025, then file proof of service. The defendants must file an answer or otherwise respond within 21 days after service by email.

The court denied Crichlow’s motion to deem service on Forgepoint effective and directed the Clerk to terminate that motion. The opinion does not state that email service had already been completed when the order was issued.