Mom Enterprises, INC. d/b/a Mommy's Bliss v. Roney Innovations, LLC
3:20-cv-04850
| N.D. Cal. | Sep 17, 2020Background
- Plaintiff Mommy’s Bliss sued Roney Innovations, LLC (Iowa LLC) for trademark infringement based on online sales and sought to serve the defendant in Iowa.
- Plaintiff attempted personal service six times at three addresses (the company website business address, the owner’s home in Norwalk, IA, and the Secretary of State–registered business address in Des Moines, IA) and all attempts failed or could not effectuate service.
- Roney Innovations’ filings with the Iowa Secretary of State list Stephen Roney as registered agent and only officer; the process server spoke with a person at the Norwalk residence who identified herself as Roney’s wife.
- Plaintiff moved for court-authorized alternative service under Fed. R. Civ. P. 4(h)(1)(A) and Iowa law by (1) common carrier (e.g., FedEx) with tracking to the Norwalk residence, (2) common carrier with tracking to the Secretary of State–registered Des Moines address, and (3) email to stephen@roneyinnovations.com.
- The court found traditional service attempts insufficient and concluded combined service by tracked carrier to the two addresses plus email was reasonably calculated to provide actual notice and satisfy due process; the motion was granted with requirements for proof of receipt and email verification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court-ordered alternative service is permitted after failed personal service | Alternative service is appropriate because personal service at all known addresses failed | No opposition filed | Court authorized alternative service under Rule 4 and Iowa law given failed attempts |
| Whether mailing to owner’s last known residence provides adequate notice | Mailing to Norwalk home is reasonably calculated to notify; process server contacted wife there | No opposition filed | Court approved service to owner’s last known residence as proper method |
| Whether mailing to Secretary of State–registered business address provides adequate notice | Business’s public filing with Secretary of State makes the Des Moines address reliable for service | No opposition filed | Court approved service to the Secretary of State–registered address as reasonably calculated to give notice |
| Whether email service is reasonably calculated to provide notice | Defendant published stephen@roneyinnovations.com on its website and uses the email for business; email plus mail suffices | No opposition filed | Court approved email service (return receipt requested) given defendant’s online presence and use of that email |
Key Cases Cited
- Rio Props., Inc. v. Rio Intern. Interlink, 284 F.3d 1007 (9th Cir. 2002) (alternative service must be reasonably calculated to provide notice under due process)
- Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306 (1950) (due process standard for notice requires methods reasonably calculated to apprise interested parties)
- UNITE Nat’l Ret. Fund v. Ariela, Inc., 643 F. Supp. 2d 326 (S.D.N.Y. 2008) (Secretary of State filings may estop a defendant from denying an address relied on for service)
- Sartor v. Utica Taxi Ctr., Inc., 260 F. Supp. 2d 670 (S.D.N.Y. 2003) (reliance on public business addresses for service can be justified)
- Elsevier, Inc. v. Siew Yee Chew, 287 F. Supp. 3d 374 (S.D.N.Y. 2018) (email service appropriate where defendant conducts business online and uses functional email addresses)