Opinion
Civil Action No. 08-1376.
May 12, 2009
MEMORANDUM ORDER
Before the court is defendants Parekh Group and Anil Mehta's Motion for Reconsideration of Order of Court Granting Motion to Attempt Service by Publication [doc. no. 11], and plaintiffs' reply thereto [doc. no. 14]. Defendants state that they are residents of India. Defendants contend that plaintiffs have failed to properly serve them as required by Fed.R.Civ.P. 4(f) and 4(h). Plaintiffs state that they "do not believe that Mr. Mehta resides in India or that Parekh Marketing limited or its subsidiaries, including Synapse Systems, are not subject to the jurisdiction of the United States Courts . . ." [Doc. No. 14 at page 3 ¶ c], It is well established, however, that "the party asserting the validity of service bears the burden of proof on that issue." Grand Entertainment Group Ltd. V. Star Media Sales, Inc., 988 F.2d 476, 488 (3d Cir. 1993). Plaintiffs have not provided any evidence that defendants' claim that they are residents of India is false. Accordingly, plaintiffs have failed to satisfy their burden of proof on this issue.
Accordingly, IT IS HEREBY ORDERED that defendants' motion for reconsideration, [doc. no. 11], is GRANTED. IT IS FURTHER ORDERED THAT plaintiffs shall serve all foreign defendants in accordance with Fed.R.Civ.P. (4)(f) and 4(h).