Friedman v. Bartell
- Philip Halpern
- 7:22-cv-07630
- U.S. District Court · Southern District of New York
- 3
In Friedman v. Bartell, Judge Seibel ordered international-mail service on Harvey Bachman and denied fee-free status for an appeal.
The order directly affects Robert Joseph Friedman, Harvey Bachman, and the Clerk of Court. It establishes how Bachman is to receive the summons and amended complaint and denies fee-free status for any appeal from this order.
What happened
Friedman v. Bartell concerns Robert Joseph Friedman’s civil claims under New York’s Child Victims Act, based on alleged sexual abuse at a summer camp in 1982. Friedman is representing himself and had been allowed to proceed without paying court fees. He added Harvey Bachman, who resides in Israel, as a defendant.
Because federal marshals cannot serve people or entities in other countries, the court considered whether Bachman could be served by international mail. The court concluded that Israel does not object to this method under the Hague Service Convention and that applicable federal rules allow it.
Judge Cathy Seibel ordered the Clerk of Court to mail Bachman the summons and amended complaint in Israel. The court also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Friedman v. Bartell · No. 7:22-cv-07630
- Philip Halpern
- June 5, 2023
Background
Robert Joseph Friedman, representing himself, sued Dr. Abraham Bartell, United Jewish Federation of New York, and Harvey Bachman. He invoked the court’s authority over disputes between citizens of different states and asserted civil claims under New York’s Child Victims Act. Friedman alleges that Dr. Bartell sexually abused him while he was a camper at Camp Hatikvah in Westchester County during the summer of 1982. He alleges that the Federation sponsored and financed the camp and that Bachman directed it.
The court had previously allowed Friedman to proceed without prepaying court fees. It had ordered the U.S. Marshals Service to serve Bartell and the Federation, both identified in the opinion as residents of New York. The court later allowed Friedman to amend his complaint to add Bachman, who is identified as residing in Bet Shemesh, Israel.
Service on Bachman
The court explained that the U.S. Marshals Service cannot serve individuals or entities in other countries. It therefore considered service by international mail under Federal Rule of Civil Procedure 4(f), which governs service on people in foreign countries, and the Hague Service Convention.
The court found that both Israel and the United States are parties to the Hague Service Convention. Under the Supreme Court’s interpretation of Article 10(a), service through postal channels is allowed when the receiving country has not objected to that method and otherwise-applicable law authorizes it. Relying on the authorities discussed in the opinion, the court found that Israel does not object to service by mail and that service by mail is permitted under the applicable rules.
Ruling
Judge Cathy Seibel directed the Clerk of Court to send Bachman a copy of the summons and amended complaint by international mail at the address stated in the order. The court also directed the Clerk to mail a copy of the order to Friedman.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Friedman’s status allowing him to proceed without prepaying fees for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.