Eritrean Association of Greater Seattle v. Henock Teckle Gebrekidan et al.

Summary

The United States District Court for the Western District of Washington granted Plaintiff’s motion to approve alternative delivery methods for a third-party subpoena. The Court authorized delivery by regular and certified U.S. mail, leaving copies at the nonparty witness’s residence, and emailing copies to the witness and his former attorney after finding that personal-service attempts had been diligent and that the alternative methods were reasonably calculated to provide notice and an opportunity to object.

Holdings

1. A district court may authorize substitute service of a Rule 45 subpoena when the serving party presents sufficient evidence of diligent attempts at personal service and the alternative method is reasonably calculated to provide timely, fair notice and an opportunity to object or move to quash.
2. Regular and certified U.S. mail, leaving copies at the witness's residence, and email, used together, were reasonably calculated under the circumstances to provide Gebregiorgis with notice and an opportunity to object or move to quash the subpoena.

Questions Presented

1. Whether the court could authorize alternative service of a third-party subpoena under Federal Rule of Civil Procedure 45(b)(1) after diligent but unsuccessful attempts at personal service.
2. Whether service by regular and certified U.S. mail, leaving copies at the witness's residence, and email would be reasonably calculated to provide timely, fair notice and an opportunity to object or move to quash.

Disposition

other