NXP USA, Inc. v. PTW America, LLC, PTW Asia PTE, Ltd., and MLS Corp.

Summary

The United States District Court for the Western District of Texas granted NXP USA, Inc.’s unopposed motion for leave to serve MLS Corp. by alternative means. The Court authorized service by email on MLS Corp.’s CEO and its Texas-based counsel, finding that the Hague Convention did not apply because MLS Corp.’s address was unknown after failed service attempts and that the authorized method satisfied due process.

Holdings

1. The Hague Convention did not apply because MLS Corp.'s address was unknown after NXP's unsuccessful attempts to serve the entity at its only two available addresses.
2. Email service on MLS Corp.'s counsel and CEO was reasonably calculated to notify MLS Corp. of the action and therefore comported with due process.
3. A plaintiff seeking alternate service under Rule 4(f)(3) need not first attempt every method listed in Rule 4(f)(1) and (f)(2).

Questions Presented

1. Whether the Hague Convention prohibited alternate email service on MLS Corp. when NXP had unsuccessfully attempted service at the only two available addresses and MLS Corp.'s address was therefore unknown.
2. Whether service by email on MLS Corp.'s attorneys and CEO was reasonably calculated to provide notice and therefore satisfied due process under Rule 4(f)(3).
3. Whether the court should authorize service on a foreign corporation under Rule 4(h)(2) through a method permitted by Rule 4(f)(3).

Disposition

other