TracFone Wireless, Inc. v. Trung Truc, et al., 1:11-cv-21871-SCOLA (S.D. Fla. Apr. 9, 2012)
Defendant Tran Nguyen Trung Truc ("Truc") is a foreign defendant located in Vietnam. The district court authorized Plaintiff, TracFone Wireless, Inc ("TracFone"), to effect service on Truc via email pursuant to Federal Rule of Civil Procedure 4(f)(3) after finding that: (1) no applicable international agreement existed between the United States and Vietnam which governed service of legal documents abroad; and (2) internal law did not prohibit service in this manner. The court's order on service of process directed Truc to respond within 21 days of receipt of the summons and first amended complaint. Truc failed to comply with the court's order and TracFone filed a motion for entry of default final judgment against Truc. In support of its motion, TracFone submitted an email tracking report demonstrating that the summons and complaint were in fact delivered to Truc, and follow-up emails between Truc's counsel and TracFone discussing the case. Moreover, Truc had responded to the court's service order setting forth the Clerk's default procedure via email. The court granted TracFone's motion for default judgment, finding that Truc was properly served and had notice of the lawsuit but chose not to respond.