Lyman Commerce Solutions, Inc. v. Lung et al

Filing 5

OPINION re: 2 EX PARTE MOTION to Serve Defendant Lung pursuant to FRCP 4(f)(3). filed by Lyman Commerce Solutions, Inc. The court orders that plaintiff may serve Lung by personally delivering a copy of the summons and complaint to Lung' s counsel in the United States, Joel Salon, at the New York City law office of Salon Marrow Dyckman Newman & Broudy LLP. Plaintiff shall also personally deliver the summons and complaint to a personal of suitable age and discretion at the New York apartment owned and formerly occupied by Lung, which is located at 860 United Nations Plaza in the borough of Manhattan. (Signed by Judge Thomas P. Griesa on 6/12/2012) (pl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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LYMAN COMMERCE SOLUTIONS, INC.
Plaintiff,
- against-

12 Civ. 4398 (TPG)
OPINION

CONRAD LUNG, RICHARD GILBERT,
LUNG'S CONSULTANTS LLC, R.D.
SIMPSON, INC., THE RICHARD GILBERT
FAMILY TRUST, and IRWIN LEVY AS
TRUSTEE OF THE GILBERT FAMILY
TRUST.
Defendants.

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Having considered plaintiffs ex parte motion for an order
permitting service of process on defendant Conrad Lung ("Lung")
pursuant to Fed. R. Civ. P. 4(f)(3), the court finds that the method of
service proposed by plaintiff is appropriate under that Rule and comports
with constitutional due process requirements governing the service of
process.
Lung lives in China at an unknown address. He formerly lived and
worked in Manhattan, and he still maintains an apartment here. In
addition, defendant is represented by a New York-based lawyer, Joel
Salon, who evidently remains in contact with Lung. Plaintiff proposes to
serve the summons and complaint in the instant action by personally
serving Mr. Salon at his New York office and also serving in like fashion a
person of suitable age and discretion at Lung's apartment building. The

court finds that this method of service is not prohibited by international
agreement and is reasonably calculated to apprise Lung of the pendency
of this action.

RSM Prod. Corp. v. Fridman, No. 06 Civ. 11512, 2007

WL 2295907 (S.D.N.Y. Aug. 10, 2007).
Accordingly, the court orders that plaintiff may serve Lung by
personally delivering a copy of the summons and complaint to Lung's
counsel in the United States, Joel Salon, at the New York City law office
of Salon Marrow Dyckman Newman & Broudy LLP. Plaintiff shall also
personally deliver the summons and complaint to a personal of suitable
age and discretion at the New York apartment owned and formerly
occupied by Lung, which is located at 860 United Nations Plaza in the
borough of Manhattan.

Dated: New York, New York

June 12,2012

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Thomas P. Griesa
U.S. District Judge

USDCSDNY

DOCUMENT

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