Case Document 143 Filed 07/17/18 Page 1 of 2

       
  

 

 

USDC SIDNIY
DOCUMENT FILED
LLY
UNITED STATES DISTRICT COURT .. .
SOUTHERN DISTRICT OF NEW YORK DATE Lire;
DEMOCRATIC NATIONAL COMMITTEE,
Plaintiff, lB-cv-3501 (JGK)
against MEMORANDUM OPINION


THE RUSSIAN FEDERATION, ET AL.,

Defendants.

 

JOHN G. KOELTL, District Judge:

The Democratic National Committee (the moves to
serve Jared C. Kushner by first class mail. The DNC has not yet
established the impracticability of other means of serving
Kushner. ?ee Fed. R. Civ. P. (permitting service in
accordance with the law of the forum state or the law of the
state in which service is made); N.Y. C.P.L.R. 308(5)
(permitting service ?in such manner as the court . . . directs?
only ?if service is impracticable under paragraphs one, two and
four of? section 308). For example, the DNC attempts to justify
the impracticability of serving Kushner at his New York
residence by citing an affidavit that discusses the 
inability to serve Paul J. Manafort, Jr., at Manafort?s New York
home. gee Dkt. No. 141, at 2 (Citing Exhibit Dkt. No. 141?4
(Exhibit see also N.Y. C.P.L.R. 308(2) (permitting
service by delivering the summons and complaint to ?a person of

suitable age and discretion at the . . . usual place of abode pf

 

Case Document 143 Filed 07/17/18 Page 2 of 2

the person to be served? and mailing the summons and complaint

 

to the person to be served (emphasis added)), 308(4) (permitting
service by affixing the summons and complaint to the door of the

?usual place of abode within the state of the person to be

 

served? and mailing the summons and complaint to the person to
be served only when service under paragraphs one and two of
section 308 is impracticable (emphasis added)). The motion to
serve Kushner by first class mail is therefore denied without
prejudice to renewal. The Clerk is directed to close the motion
at docket number 141.

The Court also notes that service of process is intended to
provide notice of a lawsuit to a defendant so that the issues of
the case can be joined and the lawsuit decided on its merit or
lack of merit. Service is not intended to be a game for the
serving party or the party to be served. The Court is confident
that the counsel can contact Kushner?s counsel and arrange
a mutually convenient means to effectuate service.

SO ORDERED.

Dated: New York, New York
July 17, 2018

 



17/ John G.?Koe1t1
Us ted States District Judge