Mattera v. Xian E

Background

Joseph Mattera brought an action against Lin Xian E and is proceeding without a lawyer. Chief Judge Laura Taylor Swain had granted Mattera permission to proceed without paying filing fees. In such cases, court officers can assist with issuing and serving court papers. However, the address Mattera provided for Lin Xian E did not appear to be a viable mailing address.

Service Rules

The court reviewed the federal rules governing service of a complaint. Generally, a complaint must be served within 90 days after it is filed, although a different timing rule may apply when service is made in another country. Service on an individual outside the United States is governed by Federal Rule of Civil Procedure 4(f), while service on a corporation outside the United States is governed by Rule 4(h)(2). Service abroad may also require compliance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, an international treaty. Service through the foreign country's designated Central Authority is the primary method under that treaty.

The court also explained that, in some circumstances, a foreign defendant whose physical address cannot be found may be served by another method reasonably calculated to reach the defendant, including email. That possibility depends on the plaintiff first making reasonable efforts to discover a physical mailing address.

Order

The court directed Mattera to file a letter within 60 days that does one of two things: (1) provides a viable mailing address for Lin Xian E; or (2) explains the steps Mattera took to find the address and asks the court to authorize service by another method. If applicable, the 90-day service period will begin on the date Mattera files that letter. The court did not dismiss the claim. It stated that it may dismiss the claim for failure to prosecute if Mattera does not file the letter within 60 days or request an extension of time. Judge Lewis J. Liman issued the order.