The case of the day is In re Gazprom Latin America Servicios, CA (S.D. Tex. 2016). Gazprom Latin America, a Venezuela company, brought a § 1782 application seeking discovery from Jean-Marc Pivert. The court granted the application ex parte, and then moved to compel and for contempt. Privert then moved to vacate the original order.
Continue reading Case of the Day: In re Application of Gazprom
The case of the day is ATN Industries, Inc. v. Gross (S.D. Tex. 2016). ATN alleged that Rafael Schwartz and others wer part of a “massive scheme that defrauded Plaintiffs out of millions of dollars.” It sued him for violations of the RICO statute and on other claims. Schwartz was in Venezuela. ATN sent the documents to an “international process-server to serve Schwartz pursuant to the Hague Convention.” Schwartz was served in August 2015 in Caracas, but according to the plaintiffs, “Schwartz refused to sign the summons.” Apparently under Venezualan law, because Schwartz refused to sign, it was necessary to take steps to confirm that service had been made. The plaintiffs petitioned the Venezuelan court for an order “ratifying” that service had been made. The Venezuelan court obliged, and ATN gave the papers to the Venezuelan central authority, but the central authority never transmitted a certificate of service under Article 6. Schwartz moved to dismiss, asserting insufficient service of process.
Continue reading Case of the Day: ATN Industries v. Gross
The case of the day is CenturyTel, Inc. v. Schermerhorn (In re Skyport Global Communications, Inc. (S.D. Tex. 2015). The case was a complicated bankruptcy dispute that I won’t attempt to summarize. One of the parties in an adversary proceeding in the Bankruptcy Court sought to serve a party, Wilson Vukelich LLP, in Canada. Service was effected via the Hague Service Convention, but the Article 6 certificate stated that service had been made by delivering the documents to Wilson Vukelich’s receptionist. The Bankruptcy Court granted Wilson Vukelich’s motion to dismiss for insufficient service of process, and the other party, Schermerhorn, appealed to the District Court.
Continue reading Case of the Day: In re Skyport Global Communications