Nochimson v. Oasis Luxe Management & Co. Inc.

Background

Debra Nochimson sued Oasis Luxe Management & Co. Inc. and Michael G. Memon in a proposed collective action under the Fair Labor Standards Act. Nochimson served Oasis through an authorized agent of the New York Secretary of State. She had not been able to serve Memon, despite process servers’ unsuccessful attempts at the business address listed in the summons and at a residential address.

Nochimson then asked for permission to serve Memon by serving his counsel of record, Sullivan & Worcester LLP. The opinion states that Paul A. Engelmayer had referred the matter to Magistrate Judge Sarah L. Cave for general pretrial supervision.

Legal standard

Federal Rule of Civil Procedure 4(e) allows service on an individual under the law of the state where the federal court is located. Under New York Civil Practice Law and Rules section 308(5), a court may direct an alternative method of service when the usual methods are impracticable. The alternative method must also be reasonably calculated to inform the defendant about the lawsuit and give the defendant an opportunity to respond.

Ruling

Judge Sarah L. Cave found that Nochimson had shown that traditional service on Memon was impracticable. The court also found that serving Sullivan, Memon’s counsel of record, was reasonably calculated to inform Memon of the action. The court held that Nochimson could serve Memon by delivering the summons and complaint to Sullivan.

The court granted the letter-motion. It extended Nochimson’s time to serve Memon through February 27, 2023, and ordered her by that date to complete service in the authorized manner and file a status letter reporting its status.