K2M Design, Inc. v. Schmidt Consulting Group, Inc.

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK K2M DESIGN, INC., Eee Plaintiff, -against- 1:22-cv-03069 (MKV) SCHMIDT CONSULTING GROUP, INC., ORDER DR. PETER K. SCHMIDT, GENE LIM, and FILMWEST GLOBAL PARTNERSHIP, LLC, Defendants.

MARY KAY VYSKOCIL, United States District Judge: On November 18, 2022, Plaintiff filed a Proposed Clerk’s Certificate of Default as to Defendant Dr. Peter K. Schmidt. [ECF No. 38.] However, it remains unclear whether Defendant Schmidt, who is located in Germany, was properly served by Plaintiff.

Accordingly, IT IS HEREBY ORDERED that Plaintiff file a letter brief of no more than five (5) pages on or before December 12, 2022. The letter brief should provide legal authority substantiating Plaintiffs claim that service was properly effectuated on Defendant Schmidt, and should specifically address Jn re S. Afr. Apartheid Litig., 643 F. Supp. 2d 423 (S.D.N.Y. 2009), where a judge in this District concluded that “service via the Central Authority is the on/y means by which an American plaintiff may serve a German defendant.” /d. at 432 (emphasis in original).

SO ORDERED. K. nef Date: November 22, 2022 MARY VYSKOCIL New York, NY United States District Judge