BaseCap Analytics Inc. v. Amenn

Background

BaseCap Analytics Inc. filed a letter motion on October 27, 2023, asking for permission to serve Robert Amenn by email. The request was made in connection with BaseCap's request for emergency injunctive relief.

Court's Analysis

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 or where service is made. The court observed that BaseCap did not cite New York's Civil Practice Law and Rules or New York state cases supporting alternate service. BaseCap also did not describe exhaustive attempts to serve Amenn using the methods ordinarily permitted by state law. The court noted that New York law permits alternate service when traditional service is impracticable, and that BaseCap sought alternate service only minutes before a court-ordered deadline.

The court explained that, when traditional service is impracticable, another method may be used if it is reasonably likely to notify the defendant about the case and give the defendant an opportunity to object. Email service satisfies that standard when the plaintiff shows that the email is likely to reach the defendant.

Ruling

Considering the time-sensitive nature of BaseCap's request for emergency injunctive relief, and the fact that Amenn had obviously received earlier email communications from BaseCap about the disputed matters, including the complaint, the court found that email service would provide adequate notice and an opportunity to object. Judge Mary Kay Vyskocil authorized BaseCap to serve Amenn by email, followed by appropriate traditional service under New York law, such as service under the state's “nail and mail” provision or another permitted method.