Malibu Media, LLC v. Doe
- John Koeltl
- 1:19-cv-07189
- U.S. District Court · Southern District of New York
- 1
Malibu Media v. Yi-Ting Chen: Judge Koeltl extended deadlines and denied without prejudice alternative service because three attempts did not show personal service was impracticable.
Malibu Media, LLC and Yi-Ting Chen; the order changed case deadlines and denied the request for alternative service.
What happened
In Malibu Media, LLC v. Yi-Ting Chen, the court extended the deadline for filing a report about the parties’ planning meeting until July 17, 2020, and moved the initial conference to July 24, 2020.
The court also considered a request to serve the summons and amended complaint by an alternative method instead of personal service. The opinion does not identify the requesting party by name.
Judge Koeltl denied the alternative-service request without prejudice. He said that three process-server efforts, all made within one ten-day period, did not yet show that personal service was impracticable.
The detailed version
- Malibu Media, LLC v. Doe · No. 1:19-cv-07189
- John Koeltl
- May 18, 2020
Background
The order addressed scheduling and service issues in the case. It extended the deadline for filing a Rule 26(f) report to July 17, 2020, and adjourned the initial conference to July 24, 2020, at 10:00 a.m.
Service Request
The court considered a request to allow alternative service of the summons and amended complaint. Alternative service is a method other than personal delivery to the person being served. The court stated that the process server had made three service efforts, all within one ten-day period.
Ruling
The court denied without prejudice the request for alternative service. It ruled that the three efforts were insufficient at that time to demonstrate that personal service was impracticable. The court cited a prior federal case involving limited service efforts. The order was signed by United States District Judge John G. Koeltl.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.