Mikhaylova v. Bloomingdales, Inc.
- George Daniels
- 1:19-cv-08927
- U.S. District Court · Southern District of New York
- 4
In Mikhaylova v. Bloomingdale’s, Judge Cave granted reconsideration and approved alternative service of a subpoena on Bobby Booker.
Kristina Mikhaylova and Bobby Booker were directly affected: Mikhaylova received retroactive permission to serve Booker by alternative means, and the Court deemed that service complete.
What happened
In Mikhaylova v. Bloomingdale’s Inc., Kristina Mikhaylova asked the court to reconsider an order giving her a final deadline to serve a deposition subpoena on Bobby Booker. The court had previously noted that Booker appeared to have evaded service.
The court granted the request. It ruled that service was complete because Booker’s counsel accepted service and Booker acknowledged receiving the subpoena through alternative means. The court retroactively granted Mikhaylova permission to use those alternative methods.
Judge Sarah L. Cave ordered Mikhaylova to file proof that she served the order on Booker by February 28, 2023, and directed the Clerk to close the motion.
The detailed version
- Mikhaylova v. Bloomingdales, Inc. · No. 1:19-cv-08927
- George Daniels
- Feb. 27, 2023
Background
On December 19, 2022, the Court gave Kristina Mikhaylova 60 additional days—until February 17, 2023—to serve a deposition subpoena on non-party Bobby Booker. The Court stated that Booker appeared to have evaded service. On February 17, the Court denied Mikhaylova’s request to approve earlier service attempts after the fact, but granted one final extension until February 24, 2023.
On February 24, Mikhaylova asked the Court to reconsider the February 17 order and to approve, after the fact, service of the subpoena on Booker by alternative means.
Court’s analysis
The Court explained that motions for reconsideration are governed by Local Civil Rule 6.3 and Federal Rule of Civil Procedure 60(b). Reconsideration is an extraordinary remedy generally available only in exceptional circumstances, such as when the Court overlooked controlling law or information that could change its decision.
The Court found persuasive authority for retroactively approving alternative service on an evasive non-party. It also noted that Booker’s counsel, Bruce Flowers, had accepted service on Booker’s behalf and that Booker acknowledged receiving the subpoena through alternative means. Because Mikhaylova had used those means within the time allowed by the Court, the Court deemed service complete.
Ruling
Judge Sarah L. Cave granted the Letter-Motion for Reconsideration. The Court retroactively granted Mikhaylova permission to serve Booker by the alternative means authorized in the February 17 order. It ordered Mikhaylova to file proof of service of the February 27 order on Booker by Tuesday, February 28, 2023, and directed the Clerk of Court to close the motion.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.