Todd Yao v. Coco Altatis, et al.

Summary

The United States District Court for the Northern District of California denied without prejudice Todd Yao’s motion to serve defendants Coco Altatis and Conan Daily by email and social media under Federal Rule of Civil Procedure 4(f)(3). The court concluded that Yao had not shown the proposed methods were permissible under the Hague Service Convention, given the Philippines’ objection to certain Article 10 channels, or that defendants had no known physical address. The court also found insufficient evidence that the proposed electronic methods were reasonably calculated to provide actual notice.

Holdings

1. The court would not authorize the proposed alternative service because plaintiff failed to establish that service by email or social-media messages was not prohibited by an applicable international agreement.
2. Plaintiff failed to demonstrate that service by email or social-media messages was reasonably calculated to provide defendants actual notice of the action.

Questions Presented

1. Whether the court could authorize service by email and social-media messages under Federal Rule of Civil Procedure 4(f)(3) when the Philippines had objected to certain Article 10 channels of the Hague Service Convention.
2. Whether the proposed email and social-media methods were reasonably calculated under due process principles to apprise the defendants of the action and provide them an opportunity to respond.
3. Whether plaintiff had shown that conventional service was unavailable or impracticable.

Disposition

other