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Chase Bank Facebook Service

Chase Bank Facebook Service

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Published by jeff_roberts881

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Published by: jeff_roberts881 on Jun 12, 2012
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07/10/2013

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1UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK------------------------------XLORRI J. FORTUNATO, ::Plaintiff, ::-against- : No. 11 Civ. 6608 (JFK):
 Memorandum Opinion & Order
 CHASE BANK USA, N.A., ::Defendant. :------------------------------X
JOHN F. KEENAN, United States District Judge:
Before the Court is Defendant Chase Bank USA, N.A.’s(“Chase” or “Defendant”) motion for an extension of time tocomplete service of a third-party complaint and forauthorization for alternate methods of service on the third-party defendant. For the reasons that follow, the motion isgranted in part and denied in part.
I.
 
Background
In an amended complaint dated June 22, 2011, PlaintiffLorri J. Forunato (“Lorri” or “Plaintiff”) alleges that anotherperson fraudulently opened a Chase credit card account in hername and proceeded to incur debt without her knowledge orauthorization. (Am. Compl. ¶¶ 7-9). When the debt went unpaid,Chase initiated collection proceedings against Lorri in New YorkSupreme Court on March 4, 2009 by completing service of processat an address in Carmel, New York; Lorri claims that she hasnever lived at the address where Chase attempted to serve her
Case 1:11-cv-06608-JFK Document 53 Filed 06/07/12 Page 1 of 9
 USDC SDNYDOCUMENTELECTRONICALLY FILEDDOC #: _________________ DATE FILED:
6-7-12
 
2notice of the action. (Id. ¶¶ 14-15). On July 31, 2009, Chaseobtained a default judgment against Lorri, and on May 24, 2010,Chase began proceedings to garnish her wages. (Id. ¶¶ 20, 23).Chase eventually satisfied the full amount of the defaultjudgment through garnishment of Lorri’s wages. (Id. 27).Lorri brings claims against Chase for violation of the FairCredit Reporting Act, abuse of process, and conversion. (Id. ¶¶33-47).Lorri initially filed this action in the United StatesDistrict Court for the District of New Jersey. In an orderdated September 14, 2011, Judge Chesler granted Chase’s motionto transfer the case to the Southern District of New Yorkpursuant to 28 U.S.C. § 1404(a). Subsequently, on November 16,2011, this Court granted Chase leave to implead Nicole Fortunato(“Nicole”), Lorri’s estranged daughter, into this action. In athird-party complaint filed November 30, 2011, Chase allegesthat Nicole opened the credit card account in her mother’s name,listed her own address in Carmel, New York in the accountapplication, and proceeded to charge $1,243.09, which amount wasultimately garnished from Lorri’s wages. (Third-Party Compl. ¶¶12-14, 20, 22). Chase asserts claims against Nicole forcontribution, indemnification, breach of contract, accountstated, fraud, and unjust enrichment. (Id. ¶¶ 23-48).
Case 1:11-cv-06608-JFK Document 53 Filed 06/07/12 Page 2 of 9
 
3Chase hired an investigator, but has been unable to locateNicole or a physical address where she may reside. Therefore,Chase now requests that the Court authorize service of processby email, Facebook message, publication, and delivery toNicole’s mother Lorri.
II.
 
Discussion
Rule 4(e) of the Federal Rules of Civil Procedure providesfor service of process on an individual in the United Statesaccording to the laws of the state where the district court islocated. In New York, service of process may be effected by:(1) personal service; (2) delivery to “a person of suitable ageand discretion at the actual place of business, dwelling placeor usual place of abode of the person to be served” and mail;(3) service on an agent; or (4) so-called “nail and mail”service. N.Y. C.P.L.R. 308. However, where service accordingto these traditional methods proves “impracticable,” service maybe made “in such manner as the court, upon motion withoutnotice, directs.” Id. at 308(5). “Section 308(5) requires ashowing of impracticability of other means of service, but doesnot require proof of due diligence or of actual prior attemptsto serve a party under the other provisions of the statute. Themeaning of ‘impracticability’ depends upon the facts andcircumstances of the particular case.” S.E.C. v. HGI, Inc., No.
Case 1:11-cv-06608-JFK Document 53 Filed 06/07/12 Page 3 of 9

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