Horne v. Ace Ltd. et al

Filing 41

ORDER Granting 38 Motion for Service via Diplomatic Channels. Signed by Magistrate Judge George Foley, Jr on 12/18/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ORLAN CHARLES HORNE,

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Plaintiff,
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vs.
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ACE LTD; et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-01142-JCM-GWF
ORDER
Motion for Service via Diplomatic
Channels (#38)

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This matter comes before the Court on Plaintiff Orlan Horne’s (“Plaintiff”) Motion for
Service of Process via Diplomatic Channels (#38), filed on December 11, 2012.

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Federal Rule of Civil Procedure 4(f)(1) permits a party in a foreign country to be served “by

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any internationally agreed means of service that is reasonably calculated to give notice, such as

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those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial

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Documents.” Plaintiff represents that despite diligent attempts, he has been unable to locate a

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domestic agent to accept service for Defendant Ace Seguros (“Ace”). Although more than120 days

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have elapsed since Plaintiff filed the Complaint (#1), Rule 4(m)’s time limit “does not apply to

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service in a foreign country under Rule 4(f)[.]” The United States and Argentina, Ace’s country of

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residence, are both signatories to the Hague Convention. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Request Service of Process via

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Diplomatic Channels (#38) is granted. Plaintiff may pursue service of process under the Hague

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Convention.

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DATED this 18th day of December, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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