No. 23-1347

Fang Zeng v. Mingan Chen, et al.

Lower Court: Ninth Circuit
Docketed: 2024-06-26
Status: Denied
Type: Paid
Tags: burden-shifting civil-procedure civil-procedure 23-1346" default-judgment default-judgments due-process employment-discrimination foreign-defendant foreign-defendants Is the McDonnell Douglas framework applicable to m mixed-motive personal-jurisdiction pretext service-of-process substituted-service summary-judgment title-vii
Key Terms:
DueProcess Immigration Privacy
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Due process-requirements-for-service-of-process-on-foreign-defendants

Question Presented (OCR Extract)

QUESTION PRESENTED In these federal cases Plaintiffs could not locate Defendant in California for personal service of process, because at all times Defendant was a resident and citizen of China. Plaintiffs had reasons to know or suspect that Defendant was in China, but made no effort to locate her there. The District Court permitted either substituted service in California, or service by publication in California, pursuant to California law under Federal Rule of Civil Procedure 4(e)(1). This resulted in default judgments against Defendant. When Plaintiffs have reason to believe that Defendant may be located and served in a foreign country, do the Due Process Clauses of the Fifth and Fourteenth Amendments require Plaintiffs to conduct a reasonably diligent search for Defendant in that foreign country before substitute service or service by publication are permissible?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-06-24
Petition for a writ of certiorari filed. (Response due July 26, 2024)
2024-04-18
Application (23A927) granted by Justice Kagan extending the time to file until June 22, 2024.
2024-04-12
Application (23A927) to extend the time to file a petition for a writ of certiorari from April 23, 2024 to June 22, 2024, submitted to Justice Kagan.

Attorneys

Fang Zeng
Paul KujawskyLaw Office of Paul Kujawsky, Petitioner
Paul KujawskyLaw Office of Paul Kujawsky, Petitioner