Green Mountain Electric Supply, Inc. v. Power Manufacturing, LLC
1:24-cv-01060
N.D.N.Y.Dec 9, 2024Background
- Green Mountain Electric Supply, Inc. sued Power Manufacturing, LLC for breach of contract, unjust enrichment, account stated, and quantum meruit under New York law.
- Defendant is a Florida-incorporated LLC with its principal business in Houston, Texas; its registered agent in Florida had resigned prior to service attempts.
- Plaintiff made multiple unsuccessful attempts to serve defendant at various physical addresses (business and residential), by phone, and through the New York and Florida Secretaries of State.
- The court previously granted plaintiff an extension of time to serve the defendant, but all attempted traditional means failed, with returned mail and unlocatable addresses.
- Plaintiff established prior communications with defendant's manager-member, Randolph H. Smith, via a known email address, and thus sought permission for alternative service, including by email, phone, or fax.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alternative service should be permitted | Traditional service is impracticable, so allow e-mail, phone, or fax | Not presented (defendant not served) | Service by e-mail permitted |
| Whether phone/fax is proper service | Plaintiff communicated by phone/fax before | Not presented (defendant not served) | Fax/phone denied; email only permitted |
| Whether more time to effect service is warranted | Needs additional time due to challenges in service | Not presented (defendant not served) | 30-day extension to attempt email service |
| Whether service via Secretary of State was sufficient | Plaintiff sought Court approval for prior efforts | Not presented (defendant not served) | Not deemed proper; must try email first |
Key Cases Cited
- Mullane v. Central Hanover Trust Co., 339 U.S. 306 (1950) (alternative service must be reasonably calculated to provide notice and due process)