Jack Ferm v. Agritech Properties, Inc., Don Gordon, Michael Organ, Andy Jagpal, Richard Cindric, Global Oil and Gas Recovery Corp., and John and Jane Does I-X

Summary

The United States District Court for the District of Utah partially granted and partially denied Jack Ferm’s motion for alternative service. The court denied email service as to Global Oil & Gas Recovery Corp., requiring service under Federal Rule of Civil Procedure 4, but authorized email service for the foreign defendants in Canada under Rule 4(f)(3), subject to specified delivery and proof-of-service requirements.

Holdings

1. The court denied the request for alternative service on Global Oil because Plaintiff had not first attempted service under Federal Rule of Civil Procedure 4(h) or applicable Utah law and had not shown that rule-compliant service would be unsuccessful.
2. The court granted Plaintiff permission to serve the foreign defendants by email under Federal Rule of Civil Procedure 4(f)(3).

Questions Presented

1. Whether Plaintiff could serve domestic defendant Global Oil and Gas Recovery Corp. by an alternative method before attempting service under Federal Rule of Civil Procedure 4(h) and applicable Utah law.
2. Whether the court could authorize service by email on the foreign defendants under Federal Rule of Civil Procedure 4(f)(3).
3. Whether the proposed email service was reasonably calculated to provide notice, consistent with due process, and not prohibited by the Hague Convention.

Disposition

other