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Tinicum Properties Associates v. Garnett

1992 U.S. Dist. LEXIS 6564 (1992)

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Tinicum Properties Associates v. Garnett

United States District Court for the Eastern District of Pennsylvania
1992 U.S. Dist. LEXIS 6564 (1992)

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Facts

Tinicum Properties Associates (Tinicum) (plaintiff) sued William Garnett (defendant) to recover amounts owed from a lease agreement. The lease agreement was entered into in Pennsylvania, but at the time the lawsuit was filed, Garnett resided in Saudi Arabia, which was not a party to and thus not subject to the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Convention). After unsuccessfully attempting to serve Garnett in Saudia Arabia by mail and through Garnett’s attorney, Tinicum sought assistance from the United States Embassy in Saudi Arabia, Garnett’s employer, and local Saudi Arabian attorneys and process servers to no avail. Despite not having been effectively served, a letter from Garnett to Tinicum’s attorney indicated that Garnett was aware of Tinicum’s lawsuit. Tinicum moved for an order from the court specifying a special service-of-process method for serving Garnett that would comply with both due process and federal rules of civil procedure.

Rule of Law

Issue

Holding and Reasoning ()

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