Di Michele v. Amaya Partners LLC

Background

Plaintiff Alessia Di Michele requested an enlargement of time under Federal Rule of Civil Procedure 4(m) to serve Defendants Amaya Partners LLC and Kunal Pasawala through March 13, 2023. The request stated that process servers had unsuccessfully attempted service at 725 River Road, Edgewater, New Jersey, and were told that the defendants were no longer doing business there. Counsel also stated that Pasawala had contacted the firm by telephone and had actual and constructive knowledge of the litigation.

Requested Alternative Service

Di Michele also requested permission to serve the defendants by email. The request relied on New York law allowing a court to direct an alternative method of service when service under the standard methods is impracticable. The court explained that the plaintiff had to make some showing that the prescribed methods could not be used.

Ruling

The court granted the request for an enlargement of time to serve the defendants through March 13, 2023. It denied without prejudice the request to serve through alternative means, stating that the defendants’ no longer doing business at the listed address was insufficient to show that standard service was impracticable. Because counsel remained in contact with Pasawala, the court stated that Di Michele could request Pasawala’s consent to service by email. The court also noted that New Jersey law may, in some circumstances, permit substitute service on an agent or entity.