Case of the Day: Ooida Risk Retention Grp., Inc. v. Bhangal, 2016 U.S. Dist. LEXIS 60257 (D. Utah May 5, 2016)

Summary:

The case arises from a truck accident that occurred in 2012 near Beaver, Utah. The plaintiff is an insurance company, disputing that it has the duty to indemnify the damage caused by the defendants. One of the defendants apparently evaded service of process by moving to India. The plaintiff filed a motion to effectuate service by alternate means, in this case by publication in California (where the defendant apparently maintained an address prior to moving to India) and through email listed on the defendant's Facebook page.

The court granted the motion, observing that the plaintiff had hired more than one private investigator and made multiple efforts to serve. The court found that the plaintiff need not attempt to locate the defendant in India.

Takeaway:

Evasion of service is a constant thorn on the side of those who are attempting to serve a defendant who has the ability to escape the court's jurisdiction. If a defendant flees the country, the plaintiff need not attempt to locate the defendant overseas and serve through the Hague Convention. In most cases, as is here, the court would grant the motion to serve through alternative methods.