Yalcin Ayasli v. Sezgin Baran Korkmaz

I. INTRODUCTION AND BACKGROUND

Presently before the Court is defendant Fatih Akol’s motion to dismiss the first amended complaint for insufficient service of process. Plaintiff initially filed suit against more than 26 defendants, including Fatih Akol (“defendant”) on February 18, 2019, in the District of New Hampshire. Dkt. 1. In short, the suit alleges racketeering and fraud claims in connection to the 2016 sale of plaintiff's airline company. Plaintiff alleged in the complaint that defendant Akol was domiciled in Turkey. Id. § 56. Pursuant to Federal Rule of Civil Procedure 4(f)(3),! plaintiff received the permission of the District Court of New Hampshire to serve defendant Akol, a foreign national, by email and did so on January 23, 2020. Dkt. 31. Thereafter, on July 27, 2020, the District of New Hampshire issued an order determining it lacked jurisdiction over several of the defendants in the case, including Akol, and transferred the action to the Central District of California on October 21, 2020. Dkt. 73.

' “Rule” hereinafter refers to the Federal Rules of Civil Procedure. CV-90 (10/18) CIVIL MINUTES - GENERAL …