Marani v. Cramer

Background

Plaintiff Kevin Marani asked to serve defendant Jon Hanna, who resides in Panama, through the letter-rogatory process authorized under the Inter-American Convention on Letters Rogatory. The court noted that Panama apparently is a signatory to that convention. Marani had already personally served Hanna in Panama, which the court said presumably satisfied Federal Rule of Civil Procedure 4(f)(2)(A). Marani sought an additional form of service because he was concerned that Panama might require service through the convention before executing a judgment against Hanna’s assets there.

Issues identified by the court

The court flagged several issues rather than resolving the request. First, it asked Marani to provide the convention in a retrievable form or attach it. Second, the court noted its understanding that the U.S. Central Authority requires Form USM-272 and asked Marani to address whether the submitted letter rogatory was sufficient or whether the actual form was needed. Third, the court questioned whether the convention covers a second form of service intended to permit enforcement of a judgment in a foreign country when service had already been completed. The court noted that the United States apparently interprets the convention as limited to service of process.

Ruling and effect

Judge Laurel Beeler ordered Marani to address the issues in a renewed motion. The renewed motion could supplement the earlier motion with additional authority and forms and did not need to repeat the existing filing. The order does not expressly state that the earlier motion was granted or denied, and it does not decide whether service by letter rogatory is authorized or necessary.