Opinion
1:22-cv-03069 (MKV)
11-22-2022
K2M DESIGN, INC., Plaintiff, v. SCHMIDT CONSULTING GROUP, INC., DR. PETER K. SCHMIDT, GENE LIM, and FILMWEST GLOBAL PARTNERSHIP, LLC, Defendants.
ORDER
MARY KAY VYSKOCIL UNITED STATES DISTRICT JUDGE
On November 18, 2022, Plaintiff filed a Proposed Clerk's Certificate of Default as to Defendant Dr. Peter K. Schmidt. [ECF No. 38.] However, it remains unclear whether Defendant Schmidt, who is located in Germany, was properly served by Plaintiff.
Accordingly, IT IS HEREBY ORDERED that Plaintiff file a letter brief of no more than five (5) pages on or before December 12, 2022. The letter brief should provide legal authority substantiating Plaintiff's claim that service was properly effectuated on Defendant Schmidt, and should specifically address In re S. Afr. Apartheid Litig., 643 F.Supp.2d 423 (S.D.N.Y. 2009), where a judge in this District concluded that “service via the Central Authority is the only means by which an American plaintiff may serve a German defendant.” Id. at 432 (emphasis in original).
SO ORDERED.