https://lettersblogatory.com/2012/10/03/two-moms-and-a-toy-v-international-playthings/ The Blog of International Judicial Assistance Mon, 02 Dec 2024 02:54:04 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://lettersblogatory.com/2012/10/03/two-moms-and-a-toy-v-international-playthings/#comment-791 Tue, 13 Nov 2012 20:41:22 +0000 http://lettersblogatory.com/?p=10856#comment-791 On October 29, the court, sua sponte, dismissed the action as to Golub Weisman and another defendant without prejudice for failure to effect service of process. The judge noted that the plaintiff had had two years to make service and had not explained its failure to do so. It seems to me that this was needless. The plaintiff should have tried to make use of the central authority mechanism at the outset of the case, and if that method proved ineffective (for example, if Golub Weisman’s address was unknown), the plaintiff should have sought leave to make service by alternate means under Rule 4(f)(3).

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