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Order | Filed: April 23, 2024 | Entered: April 23, 2024 Constellation Services International, Inc. v. Anderson et al
Other Statutory Actions | Delaware
Order
ORAL ORDER: Constellation Services International, Inc.'s Motion to Deem Service Effective or in the Alternative for Leave to Serve Through Mail or Email (D.I. 27) is GRANTED-IN-PART. Service comports with due process if it is "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 314 (1950). Service on a corporation outside the United States may be made, if there is no internationally agreed means of service, by a method reasonably calculated to give notice, not prohibited by international agreement, as the Court orders. Fed. R. Civ. P. 4(f), 4(h). Plaintiff is attempting to serve defunct corporate entities via a shared officer: Jean-Claude Chalmet. Chalmet's consistently-updated website confirms he runs a business in Indonesia, and lists a contact email. Chalmet's email functions and does not bounce back emails. D.I. 26, Ex. G. There is no internationally agreed means of service between the United States and Indonesia, to the Court's knowledge. Indonesia does not prohibit service by mail or email. D.I. 27, Ex. B. Under the circumstances of this case, the Court finds that sending an apostilled summons and complaint to Chalmet's business in Indonesia, as well as serving him via email, would be reasonably calculated to apprise Chalmet (and thus the defunct corporate entities) of the pendency of this action. Thus, the Court HEREBY ORDERS Plaintiff to serve Iceberg Transport, Space Incorporated S.A., and Entre International Limited with a copy of the complaint, summons, and this order via email to the address listed on Chalmet's website, as well as by registered or certified mail to Chalmet's business. The Court will not deem the service methods so far to be effective, out of an abundance of caution and a desire to ensure Chalmet has received notice of the Court's order permitting this method of service. Plaintiff is also trying to serve Defendant Donald Burns, who is located in the United States. Rule 4(e) permits service of an individual in the United States by following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located. Delaware law permits service of process outside of Delaware in any method reasonably calculated to give actual notice "[a]s directed by a court." 10 Del. C. § 3104(d). A process server attempted to serve Burns at home, and Burns' office has declined service. Burns' office has stated that Burns uses Debevoise & Plimpton as counsel, and Debevoise has confirmed this representation. D.I. 27, Ex. E. A Delaware attorney contacted CSI's counsel and informed CSI that she had informed Burns of the action and CSI's request that Burns accept service, but that she was not retained by Burns. Thus, the Court finds that Burns may have already received actual notice of this action, and that further service by registered or certified mail to Burns' home address and email to Burns' confirmed New York counsel (Debevoise) is reasonably calculated to insure actual notice. Thus, it is HEREBY ORDERED that Plaintiff shall serve Donald Burns a copy of the complaint, summons, and this order by registered or certified mail to his home address, as well as by email to Burns' confirmed counsel. IT IS FURTHER ORDERED that Plaintiff shall file an affidavit with the Court confirming its compliance with this order. ORDERED by Judge Gregory B. Williams on 4/23/24. (ntl)
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Motion | Filed: April 05, 2024 | Entered: April 05, 2024 Constellation Services International, Inc. v. Anderson et al
Other Statutory Actions | Delaware
Miscellaneous Relief
MOTION to Deem Service Effective or in the Alternative for Leave to Serve through Mail or Email - filed by Constellation Services International, Inc.. (Attachments: # 1 Exhibits A through G, # 2 Text of Proposed Order, # 3 Certificate of Service)(Shoremount, Terisa)
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Utility | Filed: February 22, 2024 | Entered: February 22, 2024 Constellation Services International, Inc. v. Anderson et al
Other Statutory Actions | Delaware
Add Attorneys - PHV only
Pro Hac Vice Attorney Jeffrey Rhodes for Meade Malone, Official Liquidator of Gold & Appel Transfer S.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
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