DENVER (LN) — The order, issued Thursday by Magistrate Judge Maritza Dominguez Braswell, grants in part and denies in part a motion filed by plaintiffs Christian Friends of Israeli Communities and Christians for Israel USA. The plaintiffs sought to deem Albanese effectively served or, alternatively, to use alternative service methods under Federal Rule of Civil Procedure 4(f)(3).
Albanese, who serves as the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, has not appeared or responded to the motion. The plaintiffs allege that a June 30, 2025, report titled “From Economy of Occupation to Economy of Genocide” contained false and malicious allegations against them.
Plaintiffs attempted to serve Albanese in person after she spoke at a conference in Johannesburg, South Africa, on October 25, 2025. They retained South African counsel, Justin Berman, and received authorization from the Director-General of the South African Department of Justice and Constitutional Development to serve her.
Berman and a local sheriff took Albanese to her private suite, where she was assured she would return after her lecture. However, Albanese became aware of the service attempt, had images of the process paperwork sent to her electronically, and refused to accept service.
According to Berman’s affidavit, Albanese explicitly conveyed through intermediaries that she would not accept service. UN counsel for the event’s organizer also advised Albanese not to accept service, and security removed her belongings.
The plaintiffs argued that Albanese had actual notice of the lawsuit, citing her refusal to accept service and social media posts indicating awareness of the attempt. They requested that the court deem service effective or authorize substitute service via email and X.
Braswell denied the request to deem Albanese effectively served, noting that while she had actual notice, the plaintiffs had only made one service attempt. The court found this insufficient to support a finding of effective service, emphasizing that multiple attempts are generally required to establish evasion and substantial compliance with service rules.
However, the court granted the request for substitute service under Rule 4(f)(3). The order notes that Albanese is a permanent resident of Tunisia, a party to the Hague Service Convention. Tunisia has not objected to Article 10 of the convention, which allows for the sending of judicial documents by postal channels directly to persons abroad, and the convention does not expressly prohibit service by email or social media.
“The Court is satisfied that Plaintiffs’ proposed methods comport with constitutional notions of due process,” Braswell wrote, citing the standard that service must be reasonably calculated to give notice and afford an opportunity to present objections.
The court finds that Albanese appears to have notice of the suit through her UN email address, hrc-sr-opt@un.org, and her X account, @FranceskAlbs. The order authorizes plaintiffs to send the summons, complaint, and order to both addresses, with service deemed effective upon transmission.
Plaintiffs must provide proof of service within three days of completion. The court declined to rule on whether UN immunity bars the suit, presuming without deciding that immunity does not prevent service, and noting that jurisdictional issues will be resolved at a later date.
The case was reassigned to Judge Brimmer after plaintiffs declined to consent to the jurisdiction of a magistrate judge, though Braswell referred the motion to herself for ruling.