Defendant must provide some documentary evidence to corroborate her otherwise-unsupported declaration stating that defendant was not in the US at the time of service,” he said.
“It seems to the court that the easiest way would be for defendant to provide a copy of her passport, showing her most recent entry and exit stamps into and out of the United States, thus demonstrating that she was not in the country between 9/2/2013 and 9/12/2013,” he said.
SFJ's rights violation case against Gandhi in Brooklyn Federal Court hinges on the issue of whether Gandhi was served summons on September 9 as the group claims or whether she was not present in the US during that time as per her assertion.
Gandhi has filed a motion in court seeking dismissal of the lawsuit against her citing lack of personal jurisdiction and that she was never personally served with the summons.
