DeCastro v. O’Dea – Ex Parte Motion for Alternative Service
This ex parte motion asks the court to authorize service of process by electronic means instead of traditional methods. Plaintiff argues that the defendant has refused to accept service and provided an address in Australia when Defendant actually lived in Ireland, making ordinary methods impractical. The filing cites Federal Rule of Civil Procedure 4(f)(3) and supporting precedent, explaining that alternative service, specifically via email, is both reasonably calculated to provide notice and consistent with due process. The motion emphasizes the defendant’s prior use of the same email address in DMCA counter-notices, and the court’s broad discretion to fashion effective service methods.