Plaintiffs have sued two classes of defendants. The first class is the foreign State defendants, Iran, and Iraq. The second class consists of individual terrorists and terrorist organizations including Osama Bin Laden, al Qaeda, and the Taliban, a/k/a the former Islamic Emirate of Afghanistan.
As to both classes, if plaintiffs know the specific address of a particular defendant, service will be made by conventional means pursuant to Fed.R. Civ. P. 4. As to foreign states, their agencies and instrumentalities, service will be effectuated pursuant to Fed.R.Civ.P. 4(j) and 28 U.S.C. § 1608. However, a number of the named defendants cannot be located. Therefore, alternative methods to effectuate service of process upon these defendants, as set forth on “Exhibit A”, pursuant to Fed.R.Civ.P. 4(f)(3), are fully warranted.
See full motion and order here.
Posted by Jeff Karotkin
For decades, if not centuries the act of serving process has remained largely unchanged. The profession is currently at a critical crossroads, it is facing significant challenges to its image and ability to keep pace with technological advances in today’s constantly changing marketplace. If the private process serving profession hopes to be a part of the solution to these and other problems they need to EMBRACE CHANGE rather than resist it.
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