Alsanabani v. Spear Operations Group, LLC

Summary

The United States District Court for the District of Columbia granted Erik Prince’s motion to dismiss claims arising from alleged torts connected to the United Arab Emirates’ military campaign in Yemen. The court held that service was defective because the summons lacked the clerk’s signature and court seal, and dismissed the claims against Prince without prejudice after the plaintiff failed to respond to the motion.

Holdings

1. Service was improper because the summons served on Prince did not bear the clerk's signature or the Court's seal, as required by Rule 4(a)(1)(F) and (G).
2. The Court could treat Prince's motion to dismiss as conceded because Alsanabani failed to file a response within the time prescribed by D.D.C. Local Civil Rule 7(b).
3. Dismissal of the claims against Prince without prejudice was appropriate rather than merely quashing service and allowing another attempt.

Questions Presented

1. Whether service on Erik Prince was defective because the summons lacked the clerk's signature and the Court's seal as required by Federal Rule of Civil Procedure 4(a)(1)(F) and (G).
2. Whether the Court should quash service and permit another attempt or dismiss the claims against Prince without prejudice.
3. Whether the Court could treat Prince's motion to dismiss as conceded under D.D.C. Local Civil Rule 7(b) because Alsanabani failed to respond.

Disposition

dismissed