The Republic of Nicaragua v Hills Exploration Corporation - United States District Court Northern District of California Case No 3-24-cv-03104 - Order Denying Without Prejudice Petitioner's Motion for Order Permitting Alternative Method of Service - 31 January 2025

Country
Year

2025

Summary

Before the Court is petitioner The Republic of Nicaragua's ("Nicaragua") "Motion for Order Permitting Alternative Method of Service of Summons and Amended Petition," filed November 19, 2024, as corrected November 20, 2024. No response to the Motion has been filed. Having read and considered the motion, the Court rules as follows.1 In its Amended Petition ("AP"), Nicaragua seeks to "enforce the [r]espondents' pecuniary obligations imposed by a March 1, 2023 arbitral award ('Award') issued under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States." (See AP ¶ 1.) Specifically, in the Award, the arbitration tribunal ruled against respondents, who had brought claims against Nicaragua, and awarded Nicaragua "its costs and expenses in the amount of $1,500,000." (See AP ¶¶ 12-13, 18.) By the instant motion, Nicaragua seeks leave, pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure, to serve the summons and a copy of the AP on the following three respondents in the following proposed manner: (1) serving respondent David Michael Goyne ("David Goyne") by email; (2) serving respondent Emily Lopez Goyne ("Emily Goyne") by email; and (3) and serving respondent Michael David Goyne ("Michael Goyne") by WhatsApp, a telephone message application.

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CONCLUSION

Nicaragua's motion for order permitting alternative methods is hereby DENIED without prejudice.
IT IS SO ORDERED.

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