Fallahi v. Raisolsadati
- Jesse Furman
- 1:22-cv-07013
- U.S. District Court · Southern District of New York
- 1
In Fallahi v. Raisolsadati, Judge Furman ordered notice to the United States before deciding plaintiffs’ request to serve process by alternative means.
The plaintiffs, the defendant, and the United States government may be affected by the required notice and opportunity for the government to respond. The order specifically imposed the service obligation on the plaintiffs.
What happened
In Fallahi v. Raisolsadati, the plaintiffs asked to serve the defendant through alternative means.
The court decided that the United States should receive notice and an opportunity to respond if it believed it had an interest in the request.
Judge Furman ordered the plaintiffs to serve the order and motion papers on the U.S. Attorney’s Office for the Southern District of New York by September 13, 2022. The United States could file a response or statement of interest by noon on September 16, 2022.
The detailed version
- Fallahi v. Raisolsadati · No. 1:22-cv-07013
- Jesse Furman
- Sept. 12, 2022
Background
The plaintiffs filed a motion asking to serve process by alternative means. The opinion does not describe the underlying claims or explain what alternative method of service the plaintiffs proposed.
Court’s action
After reviewing the motion and relevant case law, the court concluded that the United States should receive notice of the motion and an opportunity to be heard if the government determined that it had an interest in the matter. The court cited 28 U.S.C. § 517 and a prior Southern District of New York decision involving a government statement of interest.
The court ordered the plaintiffs to serve a copy of the order and the motion papers on the United States Attorney’s Office for the Southern District of New York by September 13, 2022. The government was ordered to file any response or statement of interest by 12:00 p.m. on September 16, 2022. The order did not grant or deny the motion for alternative service.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.