Personal Jurisdiction

[CHAIM]

Filed a Federal Law Suit in the Eastern District of New York. One of the defendants is a business (Incorporation) formed and based in Arizona. They have said that they will motion to have case moved to Arizona & that will create a hardship on me the Plaintiff. Under AZ law the only one who can legal accept service on behalf the business is the Registered Corporate Agent. That is who I had served the complaint to recently to start things off. However while I have both a Federal Question and Diversity to be in Federal Court I do not know if I have everything for the Court to have personal jurisdiction. The Defendant's CIO and Security Officer will be in NYC on Wednesday, Dec 10th at 8:30AM to give a talk. Can I serve him and gain personal service on the business? It might cause him to be embarassed at the show. He might feel harassed and emotional hurt. Will this also create a backlash from his lawyers? Would they have a claim? Could they get the judge to think that I the Plaintiff who is also Pro Se is crazy and out of control. Try to get a restraining order? All of this would be un true. I would hire a process server and let them serve him if this makes sense. I would not say or do anything against him. Please advise - Urgent nature. Thank you!!!

 

[Michael Wechsler]

1) Litigants will always threaten. Just because the defendant claims they will make a motion to move the case to AZ doesn't mean anything. At least they didn't say they will challenge your right to file the case in NY, which is usually the first line of defense!

2) If it were me, I'd hire a process server and make sure that the CIO can accept service on behalf of the company. But this may not even be necessary.

There are numerous facts in cases such as these and sometimes it is good to at least begin by hiring an attorney, even if it is just to make sure the filing and first stage is done properly. Best of luck to you.