Four R Marketing LLC v. Maxum Oil Service de Panama SA

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
FOUR R MARKETING LLC 	PLAINTIFF
v. 	Case No. 1:24-cv-01030
MAXUM OIL SERVICE
DE PANAMA, S.A. 	DEFENDANT
ORDER
Before the Court is Plaintiff Four R Marketing LLC’s (“Plaintiff”) Motion for Service. (ECF
No. 12). Defendant Maxum Oil Service De Panama, S.A. (“Defendant”) has not responded, and the
time to do so has passed. The Court finds the matter ripe for consideration.
On May 6, 2024, Plaintiff filed its Complaint. (ECF No. 2). Plaintiff seeks to recover over
2.5 million dollars ($2,500,000) that it is allegedly owed relating to a purchase order for delivery of
petroleum products. (ECF No. 2, at 1). Defendant is located in Panama City, Panama. (ECF No. 12,
at 1). On June 11, 2024, Plaintiff filed the instant motion. (ECF No. 12). Plaintiff requests that the
Court issue an order authorizing service under Federal Rule of Civil Procedure 4(f)(2)(C)(ii) and
directing the Clerk of Court to address and send the Complaint, Civil Cover Sheet, and Summons for
Defendant, to Defendant’s physical address in Panama.1 	(ECF No. 12, at 4). 	Further, Plaintiff
requests that this be sent by U.S. registered mail, and that the Court direct the Clerk of Court to work
with Plaintiff’s counsel to accomplish service in this manner at Plaintiff’s expense.
Federal Rule of Civil Procedure 4(f)(2)(C)(ii) allows for overseas service in a manner
“reasonably calculated to give notice,” and not “prohibited by the foreign country’s laws,” by using
any form of mail that the clerk addresses and sends to the individual and that requires a signed
1Ruben Dario Street, Office Park, Building 50, Ground Floor, Local 1-A, Curundu, Panama, República de
Panamá. 	(ECF No 12, at 3). 	Plaintiff is responsible for any translations that are needed, which should be
accomplished by a reputable and professional translator at Plaintiff’s cost.
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receipt.” 	While Rule 4(f)(2)(C)(ii) only mentions service on individuals, Fed. R. Civ. P. 4(h)(2)
allows for service on foreign corporations “in any manner prescribed by Rule 4(f) . . . except
personal delivery under 4(f)(2)(C)(i).” 	Panama and the United States are signatories to the Inter-
American Convention on Letters Rogatory and Additional Protocol (“IACAP”).2 The IACAP allows
the ratifying countries to facilitate judicial assistance between countries and allows for other means
of service but does not otherwise specify on the other methods of service.3 Plaintiff requests service
via U.S. registered mail and states that, to the best of its understanding, Panama does not prohibit
service by direct mail. Plaintiff points out that this Court has previously authorized foreign service
via direct mail from the Clerk of Court to foreign corporations in Travis v. Asustek Computer, Inc.,
No. 6:19-cv-06118 SOH, R. Doc. 51 at p. 2 (W.D. Ark. Apr. 13, 2020) (granting plaintiff’s motion for
service against two defendant corporations located in Taiwan).
Upon consideration, the Court finds that good cause for the motion has been shown.
According, Plaintiff’s Motion for Service (ECF No. 12) is hereby GRANTED. The Clerk of Court
is DIRECTED to address and mail Plaintiff’s Complaint, Civil Cover Sheet, and Summons to
Defendant in Panama, with return receipts requested, at Plaintiff’s cost. Further, the Clerk of Court is
authorized to work with Plaintiff’s counsel on this matter. However, the Court notes that Plaintiff’s
counsel, not the Clerk of Court, is responsible for insuring conformity with the Federal Rules of Civil
Procedure and the IACAP requirements.
IT IS SO ORDERED, this 10th day of January, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
2The full text of the treaty can be seen here: https://www.oas.org/juridico/english/treaties/b-46.html (last visited
November 27, 2024).
3See 	https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/Service-of-
Process/Inter-American-Service-Convention-Additional-Protocol.html (last visited November 26, 2024). See
also 	https://www.fjc.gov/sites/default/files/materials/26/International%20Service%20of%20Process.pdf 	(last
visited November 26, 2024)
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