Firsov v. Aerovias del Continente Americano S.A. Avianca

Summary

The United States District Court for the Northern District of California denied plaintiffs’ motion to recover the cost of formal service of summons. The court held that plaintiffs had not shown compliance with Federal Rule of Civil Procedure 4(d), including notice to an authorized corporate agent and subsequent proper formal service.

Holdings

1. Plaintiffs were not entitled to recover formal service costs because they did not demonstrate that they provided notice to an Avianca officer, managing or general agent, or other agent authorized by appointment or law to receive service, and did not show that the notice informed Avianca of the consequences of waiving or not waiving service.
2. Plaintiffs did not establish that they properly accomplished formal service on Avianca under the Federal Rules of Civil Procedure and therefore could not recover expenses for formal service.

Questions Presented

1. Whether plaintiffs complied with Federal Rule of Civil Procedure 4(d)(1) so that Avianca's failure to waive service could support recovery of formal service costs under Rule 4(d)(2).
2. Whether plaintiffs demonstrated that they subsequently accomplished formal service on Avianca in compliance with the Federal Rules of Civil Procedure.

Disposition

other