The defendant sought to dismiss for lack of personal jurisdiction and alleged delay in service.
I think the 1989 Concord Blue Devils said it best – ya gotta try. But this Order Denying Motion For Alternative Service did as well.
Now this is an interesting situation. The court vacated an alternative service order after seeing the new arguments & authorities in a 33-page mandamus petition – which hadn’t been included in the 3 page opposition to the original motion.
An interesting procedural background to this case, involving a declaratory action in New Jersey which was transferred to Waco.
In line with his recent holdings, Judge Albright permitted service by email on the defendant’s current U.S. counsel.
Again, an order finding the method not permissible is helpful in understanding what is necessary to obtain permission for alternative service. But here, it also notes that the law has changed.
Yes, it’s possible to lose one of these motions.
Judge Payne granted the motions, which permitted service by electronic mail and FedEx, respectively
The court permitted alternative service by email to the party’s counsel in a pending case.
The issue here was whether discovery would be stayed pending resolution of a dispute over service of process.