Serendip LLC v. Joseph

Background

Serendip LLC filed its complaint on February 20, 2024. The initial pretrial conference was scheduled for May 8, 2024. The court noted that Paul Joseph had not appeared and that service of the complaint and summons might have been improper.

Service issue

Federal Rule of Civil Procedure 4(f) governs service on an individual outside the United States. It permits service through an internationally agreed method reasonably calculated to provide notice, such as methods authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. A clerk’s mailing under Rule 4(f)(2)(C)(ii) is permitted only when there is no internationally agreed method of service.

The court stated that the United Kingdom is a signatory to the Hague Convention and that the Convention governs service in this case. The only proof of service on the docket was the Clerk’s Certificate of Mailing under Rule 4(f)(2)(C)(ii). The court therefore concluded that Serendip did not appear to have completed service consistent with the Hague Convention’s requirements.

Order

The court adjourned the initial pretrial conference from May 8 to June 26, 2024. It directed Serendip to file, by May 10, a letter explaining why service by the Clerk’s mail was proper if Serendip held that position. Otherwise, Serendip had to file, by June 14, a status update describing its progress in serving Joseph under the Hague Convention.

The court also directed Serendip to serve a copy of the order on each attorney for Joseph and file proof of that notice by May 6. If the attorneys receiving the order did not know Joseph’s counsel, they had to promptly send the order to Joseph personally. The order did not resolve the underlying claims.