Tom Shalom, et al. v. Bashar Masri, et al.

Summary

The United States District Court for the Southern District of Florida granted Plaintiffs’ motions to serve Defendant Bashar Masri by publication, email, and social media. The court also directed the Clerk to serve the foreign corporate defendants by DHL and postal channels, with translated copies of the pleadings and related documents, and required responses within 21 days after receipt.

Holdings

1. The court may authorize service on a defendant abroad by publication, email, and social-media direct message when the proposed methods are not prohibited by an applicable international agreement, are reasonably calculated to provide notice and comport with due process, minimize offense to foreign law, and the circumstances warrant discretionary relief under Rule 4(f)(3). The court found those requirements satisfied and authorized the proposed methods.
2. The court may direct service by postal channels on the foreign corporate defendants because Article 10(a) of the Hague Service Convention permits direct postal service when the destination state has not objected, and the record showed that Israel had not objected to postal service except for mail directed to the Israeli government. The Clerk was directed to send four separately addressed DHL mailings in compliance with Rule 4(f)(2)(C)(ii).

Questions Presented

1. Whether the court should authorize service on Bashar Masri outside the United States by publication, email, and social-media direct message under Federal Rule of Civil Procedure 4(f)(3).
2. Whether the court should direct the Clerk to serve the foreign corporate defendants by postal channels under Federal Rule of Civil Procedure 4(f)(2)(C)(ii) and Article 10(a) of the Hague Service Convention.

Disposition

other