Anish Sam Mathew v. Parv Verma

District Court, E.D. Michigan·Decided August 10, 2026·No. 4:25-cv-13262·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ANISH SAM MATHEW,

Plaintiff, Case No. 4:25-CV-13262 District Judge F. Kay Behm v. Magistrate Judge Anthony P. Patti

PARV VERMA,

Defendant. _________________________/ OPINION AND ORDER GRANTING “MOTION FOR ISSUANCE OF AMENDED SUMMONS” (ECF NO. 15), DENYING PLAINTIFF’S MOTION TO STRIKE THE UNAUTHORIZED FILINGS (ECF NO. 30); DENYING DEFENDANT’S MOTION FOR LEAVE TO FILE A SUR- REPLY (ECF NO. 29); AND DENYING DEFENDANT’S MOTION FOR LEAVE TO FILE EXCESS PAGES (ECF NO. 37) AND MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION TO DENY WITHOUT PREJUDICE ALL DISPOSITIVE MOTIONS AS PREMATURE (ECF NOS. 16, 21, 40)

I. ORDER AND RECOMMENDATION A. Order Plaintiff’s “Motion for Issuance of Amended Summons and Order Directing Clerk of Court to Sign and Seal Request for Service Abroad of Judicial or Extrajudicial Documents (Form USM-94)” (ECF No.15) is GRANTED. Defendant’s motion for leave to file a sur-reply (ECF No. 29 is DENIED. Plaintiff’s motion to strike the unauthorized filings (ECF No. 30) is DENIED. Finally, Defendant’s motion for leave to file excess pages (ECF No. 37) is

DENIED. B. Recommendation Additionally, because Defendant is not yet properly served, and because he

is adamant that he has not waived service, all pending substantive motions (ECF No. 16, 21, 40) should be DENIED WITHOUT PREJUDICE AS PREMATURE. II. ORDER ON SERVICE ISSUES

A. Background Plaintiff Anish Sam Mathew, proceeding in pro per, initiated this case on October 16, 2025, against Parv Verma. (ECF No. 1.). On November 28, 2025,

Plaintiff filed an amended complaint as of right. (ECF No. 10.) The amended complaint is the current operative pleading. Defendant, also in pro per, filed an answer to the original complaint as well as to the amended complaint. (ECF No. 12.) In Defendant’s answer, he asserts that he was not properly served, that venue

is improper, and that personal jurisdiction may be lacking. (Id.) Judge F. Kay Behm referred the matter to me “for all pretrial proceedings, including a hearing and determination of all non−dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B).” (ECF No. 6, PageID.21.)

Both parties have filed a number of motions and, on February 12, 2026, I issued a Text-Only Order which stayed the case and directed the parties to cease filing motions pending further order of the Court.

B. Analysis The parties have filed several motions related to the service of Defendant. I will address each in turn. 1. Motion for Issuance of Amended Summons (ECF No. 15.)

On December 31, 2025, two weeks after Defendant filed an answer to the amended complaint, Plaintiff filed a “Motion for Issuance of Amended Summons and Order Directing Clerk of Court to Sign and Seal Request for Service Abroad of

Judicial or Extrajudicial Documents (Form USM-94).” (ECF No.15.) Plaintiff states that, as Defendant resides in India, and as India is a signatory to the Hague Convention, Plaintiff requires an amended summons and particular form (USM- 94) signed by a court officer in order to effectuate service. (ECF No. 15,

PageID.256.) In a document entitled “Non-Waiver and Limited Appearance Solely to Preserve Objections to Service Under the Hague Convention,” Defendant objects

to the issuance of an amended summons and to service under the Hague Convention. (ECF No. 17.) The Court interprets this document as a response in opposition to Plaintiff’s “Motion for Issuance of Amended Summons . . .” (ECF

No. 15.) This document asserts that Defendant has not consented to service or personal jurisdiction, but that anything Defendant has filed has been to “prevent default and preserve objections.” (ECF No. 17, PageID.278.) Defendant clearly

has actual notice of this lawsuit and has been following the docket and receiving, at a minimum, electronic notice of all filings, but asserts that service has not been proper thus far. Confusingly, Defendant argues that he has “already filed limited objections

preserving service defenses” and that therefore “Hague service is unnecessary at this stage.” (ECF No. 17.) Defendant wishes to avoid Hague service because such service “is typically executed through local courts and police authorities” and

would be executed at his private residential address which would “unnecessarily disclose this civil dispute to Defendant’s family, neighbours [Commonwealth spelling] and community, causing irreparable prejudice and unwarranted third- party disclosure wholly unrelated to the merits of this case.” (ECF No. 17,

PageID.279.) Defendant suggests this “harm is disproportionate and unnecessary given Defendant’s active participation in this action.” (Id.) Defendant contends that Hague service commonly requires several months to complete and that

“imposing this delay solely to re-serve a defendant who has already appeared serves no practical purpose and would unnecessarily prolong the proceedings.” (Id.) Defendant then requests the following relief:

1. Deny or limit Plaintiff’s request for service under the Hague Convention to avoid Undue and Irreparable Prejudice; or

2. In the alternative, authorize less intrusive and faster alternative service, if any, as the Court deems appropriate under Rule 4(f)(3), including electronic or mail service through the Court or Clerk; and

3. Confirm that Defendant’s prior and present filings constitute no waiver of defenses under Fed. R. Civ. P. 12(b), including insufficient service of process and lack of personal jurisdiction; and

4. Grant any other relief the Court deems just and proper.

(ECF No. 17, PageID.279.) The day after filing his “Non-Waiver and Limited Appearance Solely to Preserve Objections to Service Under the Hague Convention,” Defendant filed two additional response briefs, both of them setting forth the arguments in opposition to Plaintiff’s “Motion for Issuance of Amended Summons . . .” (ECF No. 18, 19.) In both of these documents, Defendant takes the perplexing and self-contradictory position that he has never been validly served, but that he objects to service through the Hague; that service through alternative methods would “achieve notice efficiently,” but that he does not “consent to service” or “consent” to this Court’s jurisdiction and that he has “preserve[d]” his challenges to service and jurisdiction. (ECF No. 18, 19.) In other words, Defendant objects to official service, suggests alternative service, but seeks to preserve his objection to service even through that alternative service. Defendant contends that he is not evading service, but objects to service “under the Hague Convention through local authorities.” (ECF No. 18,

PageID.282.) Defendant states in one response that he is “prepared to accept service via email, the Court, Clerk, or any method deemed appropriate,” but also asserts that his brief is submitted solely to object to the method of proposed service

and is not a consent to service or jurisdiction. (ECF No. 19, PageID.289.) Likewise, in another response, Defendant states that “Defendant is prepared to receive service by the following alternative methods” and then lists email, service through the Court or Clerk, or “any other method the Court Deems

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Anish Sam Mathew v. Parv Verma, (E.D. Mich. 2026).

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