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District Court Denies Request to Serve Process via Email

March 25, 2013

Compass Bank v. Katz, No. 5:12-cv-00045, 2012 U.S. Dist. LEXIS 150907 (S.D. Tex. Sept. 27, 2012)

Plaintiff did not show that the unknown address exception to the Hague Convention applied.

Plaintiff attempted to serve defendant at their last know place of business which was a private mailbox facility. Then plaintiffs tried to serve defendants at their last know residential address.

Both addresses were in California. Plaintiff found through the provate mailbox facility that the defendants now reside in Mexico. Current residents at the defendants former residents stated they did not know them and left no forwarding address.

Plaintiffs sought the courts permission to serve via email under Federal Rule of Civil Procedure 4(f)(3).

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