400 East 62nd Properties, LLC v. Grupo Cinemex, S.A. DE C.V.

Background

400 East 62nd Properties LLC filed the lawsuit on June 26, 2020. After the plaintiff had not served Grupo Cinemex, the court issued an order requiring an explanation. The plaintiff then requested permission to use alternative service, and the court granted that request based on an earlier Southern District of New York decision.

Grupo Cinemex appeared for the limited purpose of challenging the validity of service and asked to file a motion to quash. The court allowed that motion. Grupo Cinemex argued that the earlier decision relied on a mistranslation of Mexico’s declaration under the Hague Convention. According to Grupo Cinemex, the correct translation requires service on Mexican citizens through Mexico’s Central Authority rather than by mail or email.

Court’s ruling

The court stated that it was convinced its reliance on the earlier decision was misplaced. It granted Grupo Cinemex’s motion to quash the subpoena, using that term in the order, and ordered 400 East 62nd Properties to serve Grupo Cinemex according to the procedures in the Hague Convention.

Because of the delay and the plaintiff’s earlier service attempt, the court extended the plaintiff’s time to serve Grupo Cinemex by six months. The court described this as the plaintiff’s final extension and ordered it to file proof of service or documents showing all attempts to serve through Mexico’s Central Authority by March 21, 2023. The clerk was directed to terminate ECF No. 28.