Garrard v. Pirelli Tire LLC et al

Filing 42

ORDER GRANTING 41 Plaintiffs' Motion to Appoint Special Process Server. Signed by Magistrate Judge Donald G. Wilkerson on 1/23/12. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT T. GARRARD, et al.,
Plaintiffs,
v.
PIRELLI TIRE LLC, et al.,
Defendants.

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Case No. 11-cv-00824-GPM-DGW

ORDER
Pending before the Court is a Motion to Appoint Special Process Server filed by Plaintiffs
Robert T. Garrard and William Jasper (Doc. 41).

Plaintiffs seek to serve Defendant Pirelli

Deutschland GMBH, an entity residing in Germany.
Federal Rule of Civil Procedure 4(f)(1) provides that service of process upon entities in
foreign countries may be effected “by any internationally agreed means of service that is reasonably
calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad
of Judicial and Extrajudicial Documents.” “[C]ompliance with the [Hague] Convention is mandatory
in all cases to which it applies. Volkswagenwerk Aktiengesellschaft v, Schlunk, 486 U.S. 694, 705
(1988). Germany is a signatory to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters, Nov. 15, 1965, 20 U.S.T. 361, T.I.A.S.
No 6638.
Accordingly, the Court hereby specially appoints APS International, Ltd. to serve process on
Defendant Pirelli Deutschland GMBH pursuant to Federal Rule of Civil Procedure 4 and the Hague
Convention, Service Abroad of Judicial and Extrajudicial Documents.
IT IS SO ORDERED.
DATED: January 23, 2012
DONALD G. WILKERSON
United States Magistrate Judge