Reisman v. Northeastern Power and Gas LLC
- Lorna Schofield
- 1:23-cv-00620
- U.S. District Court · Southern District of New York
- 5
In Reisman v. Northeastern Power, Judge Schofield granted alternative service on Mark Bassili but denied service on EGL and communication limits without prejudice.
NEPG may serve Mark Bassili by the authorized email and LinkedIn methods. EGL was not authorized to be served by the requested alternative method, and NEPG's request to limit Mr. Bassili's future communications was denied without prejudice to renewal.
What happened
In Reisman v. Northeastern Power and Gas LLC, the defendant asked to serve third-party defendant Mark Bassili by email and LinkedIn because it could not locate him, and also asked to serve Electric Green Life Inc. by an alternative method. The defendant also asked the court to limit future communications from Mr. Bassili, citing allegedly racist and harassing messages.
The court granted alternative service on Mr. Bassili by email and LinkedIn messenger. It found that traditional service was impracticable, that Mr. Bassili had communicated through email accounts, and that he likely would receive the summons through those methods. The court denied the request to serve Electric Green Life Inc. without prejudice to renewal because the defendant did not adequately address internationally agreed methods for serving a corporation outside the United States.
Judge Schofield also denied the request to limit future communications from Mr. Bassili without prejudice to renewal. The court explained that sanctions or similar restrictions require notice and an opportunity to be heard, which Mr. Bassili could receive only after being served and given an opportunity to appear.
The detailed version
- Reisman v. Northeastern Power and Gas LLC · No. 1:23-cv-00620
- Lorna Schofield
- May 9, 2023
Background
Defendant Northeastern Power and Gas LLC (NEPG) moved for permission to serve third-party defendant Mark Bassili by email and LinkedIn messenger. NEPG said it did not know Mr. Bassili's whereabouts, that he had refused to provide an address for service despite being in contact with NEPG, and that he had sent allegedly racist and harassing communications to NEPG's counsel and president. NEPG also sought alternative service on third-party defendant Electric Green Life Inc. (EGL), described in the order as a Canadian corporation. Finally, NEPG asked the court to limit future communications from Mr. Bassili.
Alternative service on Mr. Bassili
Federal Rule of Civil Procedure 4(e) allows service on an individual in the United States under the law of the state where the federal court is located. Under New York law, when ordinary service methods are impracticable, a court may direct another method of service. The court found that NEPG had shown service by traditional means was impracticable because Mr. Bassili had refused to provide an address and NEPG had been unable to locate him.
The court also found that email was likely to reach Mr. Bassili. He had communicated with NEPG through two separate email accounts, and those communications involved the litigation and NEPG's efforts to serve him. The court therefore concluded that service by email and LinkedIn messenger was reasonably calculated to notify him of the action and give him an opportunity to object.
Alternative service on EGL
Federal Rule of Civil Procedure 4(h) provides that a corporation outside the United States may be served in a manner authorized by Rule 4(f), except by personal delivery. Rule 4(f)(1) includes internationally agreed methods reasonably calculated to provide notice, such as methods under the Hague Convention on service abroad.
The court noted that NEPG's motion did not address or acknowledge its attempts to serve EGL through internationally agreed methods. The court therefore denied NEPG's motion for alternative service on EGL without prejudice to renewal.
Request to limit communications
The court recognized its authority to supervise proceedings and sanction parties for bad-faith conduct, including the use of offensive or abusive language. However, it also stated that sanctions cannot be imposed without notice and an opportunity to be heard. Because Mr. Bassili first had to be served and allowed to appear before receiving that opportunity, the court denied NEPG's motion to limit future communications from him without prejudice to renewal.
Disposition
The court granted NEPG's motion for alternative service on Mr. Bassili and directed service by email to the listed addresses, any other email addresses NEPG believed were connected to him, and LinkedIn messenger. The court denied without prejudice to renewal NEPG's motion for alternative service on EGL and its motion to limit future communications from Mr. Bassili. The Clerk was directed to close the motion at Docket No. 40.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.