Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam
- Vernon Broderick
- 1:22-cv-07396
- U.S. District Court · Southern District of New York
- 2
In Scott Cawthorn v. Cong Ty Co Phan Tap Doan Apec Viet Nam, Judge Broderick ordered a service-status update by January 9, 2023.
Scott Cawthorn and Cong Ty Co Phan Tap Doan Apec Viet Nam; the order required a status update about service on the defendant.
What happened
Scott Cawthorn sued Cong Ty Co Phan Tap Doan Apec Viet Nam on August 30, 2022. The opinion states that the defendant is a resident of Vietnam.
The court explained that the usual 90-day deadline for serving a defendant does not apply to a foreign defendant, but failure to attempt service can still lead to dismissal. Courts instead use a flexible standard based on reasonable diligence.
Judge Vernon S. Broderick ordered Scott Cawthorn to file a letter reporting progress in serving the defendant by January 9, 2023. The order did not decide the underlying claims.
The detailed version
- Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam · No. 1:22-cv-07396
- Vernon Broderick
- Dec. 6, 2022
Background
Scott Cawthorn commenced this action against Cong Ty Co Phan Tap Doan Apec Viet Nam on August 30, 2022. The opinion states that the defendant is a resident of Vietnam.
Service of Process
The court noted that the 90-day service deadline in Federal Rule of Civil Procedure 4(m) does not apply to service on a foreign defendant, and that the Federal Rules provide no alternative deadline. However, failing to attempt service on a foreign defendant can still support dismissal. When the foreign-country exception applies, the court uses a flexible due-diligence standard to decide whether service was timely.
Order
The court ordered Scott Cawthorn to file a status letter stating the progress made in serving the defendant by January 9, 2023. The order addressed service-related case management and did not decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.