Opinion
8:24-cv-01248-KKM-AAS
07-09-2024
MSR MEDIA SKN LTD., et al., Plaintiffs, v. LESLIE KHAN, et al., Defendants.
ORDER
STEVEN D. MERRYDAY UNITED STATES DISTRICT JUDGE [*]
The plaintiffs move for an order directing the clerk to dispatch copies of the summons and the complaint to three foreign defendants under Federal Rule of Civil Procedure 4(f)(2)(C)(ii) and 4(h)(2). (Docs. 25-27). They request the same relief with respect to a fourth foreign defendant that is subject to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1608(b)(3)(B). (Doc. 28). The plaintiffs have filed affidavits supporting their requests and stating that “no treaty or applicable international convention governing service of judicial documents between the United States and [the foreign jurisdictions] is in effect or applicable.” E.g., (Doc. 25) at 1. With respect to the defendant subject to the FSIA, the plaintiffs have also attached a letter stating that service cannot be made under 28 U.S.C. § 1608(b)(1), (b)(2). (Doc. 28-1).
The motions are GRANTED. For each of the four foreign defendants, the plaintiffs must provide the clerk's office with a copy of the summons and the complaint, together with the correctly addressed postage label. For the defendant subject to the FSIA, the plaintiffs should also include “a translation of [the summons and the complaint] into the official language of the foreign state.” 28 U.S.C. 1608(b)(3). On receipt of these materials, the clerk is DIRECTED to mail the documents.
ORDERED.
[*] Signed by Judge Steven D. Merryday to expedite the resolution of this motion. This case remains assigned to Judge Kathryn Kimball Mizelle.