Simple Design Ltd. v. Candymobi Information Technology Co.
- Vince Chhabria
- 3:19-cv-05501
- U.S. District Court · Northern District of California
- 1
In Simple Design v. Candymobi, Judge Chhabria granted service by email because it was reasonably calculated to notify defendants.
Simple Design Ltd. and the defendants, because the order permits Simple Design to serve the defendants by email.
What happened
Simple Design Ltd. v. Candymobi Information Technology Co. involved Simple Design’s request to serve the defendants by email.
The court found that email service was reasonably calculated to give the defendants actual notice. It also determined that using email would not violate an international agreement because the defendants’ address was unknown.
Judge Vince Chhabria granted Simple Design’s motion for alternative service under Federal Rule of Civil Procedure 4(f)(3).
The detailed version
- Simple Design Ltd. v. Candymobi Information Technology Co. · No. 3:19-cv-05501
- Vince Chhabria
- Dec. 16, 2019
Background
Simple Design Ltd. filed an ex parte motion—meaning a motion presented without the usual advance participation of the opposing parties—asking for permission to serve Candymobi Information Technology Co. and the other defendants by email.
Court’s reasoning
The court granted the request under Federal Rule of Civil Procedure 4(f)(3). It concluded that service by email was reasonably calculated to provide the defendants with actual notice. The court also concluded that email service would not violate an international agreement because the defendants’ address was not known. The court cited the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents and stated that the convention did not apply in these circumstances.
Ruling and effect
Judge Vince Chhabria granted Simple Design’s motion for alternative service. The order authorized service by email; it did not state that service had already been completed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.