The case of the day is Automobile Lamborghini S.p.A. v. Garcia (E.D. Va. 2020). The claim was that Garcia had been selling counterfeit Lamborghini goods on the internet. Garcia and his lawyer were communicating with the plaintiff’s lawyers, so they were aware of the lawsuit, but efforts to serve Garcia in Argentina via the central authority mechanism failed when, after a year, the Argentine authorities attempted service at Garcia’s known address, only to find it was vacant and under construction. Lamborghini then sought and obtained leave to serve process via email (Argentina objects to service by alternate means under Article 10 of the Service Convention). After the email was sent, Garcia entered an appearance and moved to dismiss; his initial motion to dismiss did not argue insufficient service of process. The court denied the motion to dismiss. The plaintiff filed a first amended complaint, and Garcia failed to answer it. Lamborghini moved for entry of default judgment, and the magistrate judge recommended that the motion be granted. (more…)