Doe v. Hyassat

Background

Jane Doe alleges that Mutaz Hyassat sexually assaulted her and asserts claims for battery, assault, false imprisonment, and intentional infliction of emotional distress. The opinion states that Hyassat is a Jordanian national and career diplomat who resides in Austria and previously worked for the Permanent Mission of Jordan to the United Nations in New York City.

Doe made multiple efforts to serve Hyassat. A process server tried four addresses, including two residential addresses and two United Nations-related addresses, but each attempt failed. Doe also tried two United Nations-related email addresses, which were undeliverable, and sent a message to a Facebook account believed to belong to Hyassat; that account was later disabled. Doe also contacted Kenneth Kerner, whom her counsel believed represented Hyassat in a related criminal investigation, but Kerner did not confirm that he represented Hyassat and refused to accept service.

Doe then asked for permission under Rule 4(f)(3) of the Federal Rules of Civil Procedure. That provision allows a federal court to order service on an individual in a foreign country by a method not prohibited by an international agreement. The court previously directed Doe to provide evidence that the proposed Gmail address was active, had recently been used by Hyassat, and was reasonably likely to notify him of the lawsuit.

Court’s Analysis

The court held that alternative service was necessary. It found that Doe had reasonably attempted service over the four years since the case was filed and that court intervention was warranted because Hyassat was believed to be living in Vienna, Austria.

The court also held that service by email was not prohibited by an international agreement. Austria is a party to the Hague Service Convention, but the court concluded that Austria’s objection concerning postal service did not extend to service by email.

For due process, the court had to determine whether the proposed method was reasonably likely to notify Hyassat and give him an opportunity to respond. The Gmail address appeared in the minutes of a 2015 meeting that Hyassat attended as Jordan’s representative, and the address included his full name. The court therefore found that the address was likely owned, controlled, or used by Hyassat. Evidence from email-verification services showed that the Gmail address was active. Doe also provided an active Yahoo address and an official Jordanian government address containing Hyassat’s full name. Considered together, these addresses were likely to provide notice.

The court further noted that the Gmail address had been used to register the Facebook account that Doe previously contacted. Because the account was disabled shortly afterward, the court concluded that Hyassat likely received notice of the Facebook message and attached documents, although the court had previously found that Facebook service alone was insufficient.

Disposition

Judge Paul G. Gardephe granted Doe’s motion for alternative service. The order directed Doe to email the summons and amended complaint to mutazhyassat@gmail.com, mzhyassat@yahoo.com, and mutaz.hyassat@fm.gov.jo. The order states that it would be docketed on July 19, 2022, and directs Doe to place the previously filed one-sided motions and papers on the public docket by July 21, 2022.