DENISE COTE, District Judge.
On October 25, 2019, plaintiff requested permission by letter to serve defendant Dennis McGettigan ("McGettigan"), who resides in the United Arab Emirates, through substituted service on counsel for defendant McGettigan's Management Services LLC ("MMS"). An Order of November 12 denied the request on the grounds that the plaintiff had failed to comply with the schedule in this case and offered no legal authority to show that substituted service was necessary or appropriate on the facts of this case. The plaintiff was ordered to show cause by November 15 why her claims against McGettigan should not be dismissed without prejudice.
On November 15, plaintiff's counsel filed a letter in response to the November 12 Order. The letter asserts that, while plaintiff's "former" counsel delayed effecting service, her current counsel has been diligent. Plaintiff has been represented by the Derek Smith Law Group, PLLC throughout this action. Plaintiff's "former" counsel was employed by the same law firm as her current counsel. The letter therefore does not explain the failures of Derek Smith Law Group, PLLC to act in accordance with the schedule governing this case. The letter does, however, offer a legal basis for ordering alternative service under Rule 4(f), Fed. R. Civ. P.
Where no international agreement exists, Rule 4(f) authorizes courts to direct service "using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt" or "by other means not prohibited by international agreement." Fed. R. Civ. P. 4(f)(2), (3). Rule 1, Fed. R. Civ. P. instructs that the rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."
A court is afforded wide discretion in ordering service of process under Rule 4(f)(3).
A plaintiff "need not have attempted every permissible means of service of process before petitioning the court for alternative relief. Instead, [a plaintiff] need[s] only to demonstrate that the facts and circumstances of the present case necessitated the district court's intervention."
The plaintiff moves for alternative service on McGettigan pursuant to Rule 4(f)(3), Fed. R. Civ. P. The plaintiff argues that, without an order for alternative service, international service would be prohibitively expensive and unduly delay this action. Having considered the facts and circumstances pertinent to the plaintiff's request, and finding that they warrant this Court's intervention, it is hereby
ORDERED that, by
IT IS FURTHER ORDERED that the plaintiff shall also serve McGettigan through substituted service on counsel for MMS by
IT IS FURTHER ORDERED that the plaintiff shall promptly file proof of service on the public docket.
SO ORDERED.