United States District Court, D. Nevada
ORDER GRANTING NEWMONT'S UNOPPOSED MOTION FOR
Newmont USA Limited (“Newmont”) filed a Motion
for Alternative Service (ECF No. 21) upon Defendants Imatech
Systems Cyprus Party Limited dba Armorpipe Technologies
(“Imatech Cyprus”) and International Materials
& Technology dba Imatech (“IM&T, ”
collectively “Imatech”) pursuant to Federal Rule
of Civil Procedure 4(f)(3). At the request of this Court, it
also filed a supplement to that motion. ECF No. 26. No.
opposition has been filed to the Motion. The Court conducted
a hearing on the motion on July 17, 2019.
forth in the forgoing order, Newmont's Motion as to
Imatech Cyprus pursuant to Federal Rule of Civil Procedure
4(f)(3) is hereby GRANTED.
Motion as to alternative service on IM&T pursuant to
Federal Rule of Civil Procedure 4(f)(3) is hereby DENIED AS
MOOT. Since Newmont filed the instant motion, the Court was
notified by the Australian Central Authority that service on
IM&T was effectuated on March 15, 2019
filed the instant action on December 4, 2018 against
Defendants for claims sounding in negligence, strict products
liability, breach of express and implied warranty, and
negligent misrepresentation. ECF No. 1. The summons was
issued on December 6, 2018. ECF No. 2. Newmont named as
defendants Imatech Systems Cyprus Party Limited dba Armorpip
Technologies (“Imatech Cyprus”) and International
Materials & Technology dba Imatech (“IM&T,
” collectively “Imatech”). The parties were
listed on the Imatech website as being located in Cyprus and
January 11, 2019, pursuant to the Hauge Service Convention,
Newmont filed a motion for issuance of letters rogatory to
Cyprus and Australia, which the Court granted on January 14,
2019. ECF Nos. 7, 8. On February 26, 2019, the Court granted
Newmont's ex parte motion for an extension to
effectuate service until July 2, 2019. ECF No. 11.
counsel avers that IM&T has communicated regularly with
Newmont's counsel including approximately sixteen emails
and ten telephone calls. IM&T filed a motion to dismiss
for lack of personal jurisdiction on April 5, 2019 (ECF No.
13) and consented twice to stipulations to extend
Newmont's time to oppose such motion. ECF Nos.16, 20.
IM&T's Motion to Dismiss includes a declaration from
Warwick John Rule the “sole director and
secretary” of IM&T. ECF No. 13, Exhibit A. Warwick
John Rule is also listed as the director of Imatech Cyprus.
has contacted the Cypriot authorities on multiple occasions
and remitted the requested fee for effectuating service, but
to date, neither Newmont nor the Court have received
notification that service has been completed upon Imatech
Cyprus. Cyprus is a signatory of the Hague Convention and has
not objected to Article 10 of the Hague Convention, including
that article's provisions about transmitting judicial
documents by postal service. See CCH, Cyprus - Central
Authority & practical information,
(last visited June 22, 2019) (website maintained by the Hague
Conference on Private International Law states that Cyprus
has “[no] opposition” to Article 10.).
6, 2019 via telephonic conference, Newmont's counsel
requested IM&T's counsel waive the service
requirement as to both IM&T and Imatech Cyprus. However,
IM&T's counsel stated that did not have the authority
to waive such service. Newmont filed this Motion on June 19,
2019 requesting the Court authorize alternative service of
Imatech Cyprus and IM&T via email to IM&T's
counsel James Whitmire. ECF No. 21. Newmont filed a
supplement to the motion on June 25, 2019. ECF No. 26. No.
opposition has been filed.
was effectuated on IM&T in Australia on March 15, 2019.
Newmont and this Court received notification of such service
on July 3, 2019. ECF No. 28.
Service on a Foreign Corporation or Association Under Rule
of the Federal Rules of Civil Procedure governs service of
process in civil suits. Fed.R.Civ.P. 4(h)(2) provides that,
“[u]nless federal law provides otherwise or the
defendant's waiver has been filed, a domestic or foreign
corporation ... must be served ... at a place not within any
judicial district of the United States, in any manner
prescribed by Rule 4(f) for serving an individual, except
personal delivery under (f)(2)(C)(i).” Fed.R.Civ.P.
4(f), which applies to foreign corporations, provides that
service may be completed on a foreign corporation using any
of the following methods:
(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 ...