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Weisberg v. Smith

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


July 26, 2006

TAMMY MICHAELS WEISBERG, PLAINTIFF,
v.
GREGORY JOHN SMITH A/K/A DAVID ROBERTS, DEFENDANT.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

Defendant moves to dismiss the second amended complaint for lack of personal jurisdiction and insufficiency of service of process.

The second amended complaint alleges that defendant is a citizen of Australia and a domiciliary of India. The certificate of service on file [docket item 28] asserts that service was made by electronic mail and by certified mail to the defendant in care of his agents in New Jersey and California.

Rule4(f) provides a variety of means for serving individuals in foreign countries, non of which has been availed of here.

Accordingly, the defendant' smotion to dismiss is granted on the grounds that the service of process was insufficient. Plaintiff shall file proof of legally sufficient service within 120 days of the date of this order.

SO ORDERED.

20060726

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