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KG Marine, LLC v. VICEM Yat Sanayi ve Ticaret AS

United States District Court, W.D. New York

June 6, 2014

KG MARINE, LLC, Plaintiff,
v.
VICEM YAT SANAYI VE TICARET AS, VICEM YACHTS USA LLC, VICEM YACHTS, INC., AND SEBAHATTIN HAFIZOGLU, an individual, Defendants

For KG Marine, LLC, Plaintiff: William R. Heitz, The Heitz Law Firm, Fairport, NY.

OPINION

Page 313

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge.

Plaintiff KG Marine, LLC (" Plaintiff" ) brings this action against VICEM Yat Sanayi ve Ticaret AS, Vicem Yachts USA LLC, Vicem Yachts, Inc., and Sebahattin Hafizoglu, alleging breach of contract, breach of warranty, and fraud. (Dkt. 1). Defendants VICEM Yat Sanayi ve Ticaret AS (" Vicem" ) and Sebahattin Hafizoglu (" Hafizoglu" ) allegedly reside in the country of Turkey. (Dkt. 1).

Plaintiff filed its complaint on April 29, 2014. ( Id.). Presently before the Court is Plaintiff's motion requesting permission to serve Defendants Vicem and Hafizoglu by alternate means pursuant to Fed.R.Civ.P. 4(f)(3). (Dkt. 3). For the reasons set forth below, Plaintiff's motion is denied without prejudice.

DISCUSSION

Fed. R. Civ. P. 4(f) addresses serving an individual in a foreign county. Fed.R.Civ.P. 4(f) provides three means by which service on an individual abroad may be accomplished.[1] Pursuant to Fed.R.Civ.P. 4(f),

Page 314

an individual may be served at a place outside the United States:

(1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that country in an action in its courts ...

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