The case of the day is Icon DE Holdings LLC v. Eastside Distributors (S.D.N.Y. 2015). Icon sued Eastside and served process in Quebec. The precise manner of service was unclear. Icon claimed it proceeded via the Quebec central authority. But while I see an affidavit of service from the process server I don’t see an Article 6 certificate from the central authority. My assumption is that Icon properly sent a request for service to the central authority but that instead of sending back an Article 6 certificate the central authority sent the affidavit.
In any event, Icon served the documents in English but without a French translation. It obtained a default judgment. Eastside successfully moved to vacate the judgment on grounds of insufficient service of process. The case was again before the court on Icon’s motion for reconsideration.
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