Judge Rejects Motion to Serve N.H. Robocall Defendant via ‘Irregular’ Channels

U.S. Magistrate Judge Talesha Saint-Marc for New Hampshire in Concord denied without prejudice the plaintiffs’ April 18 motion for alternative service against robocalling defendant Steve Kramer, said the judge’s text-only endorsed order Wednesday (docket 1:24-cv-00073).

The League of Women Voters and its New Hampshire chapter allege that Kramer, a political consultant, was one of three defendants who sent “thousands of robocalls” two days before the Jan. 23 New Hampshire primary to people they thought were likely Democratic voters, featuring deepfake simulations of the voice of President Joe Biden (see 2403150034). They allege that the calls “coercively” stated the falsehood that by participating in the New Hampshire primary, Democratic voters would lose their right to vote in the November general election.

The named plaintiffs include three voters who received the robocalls. The plaintiffs seek an order “ratifying their irregular effort” to serve Kramer by emailing him a copy of the summons, complaint and notice of service, said the order. They seek to do so after "failing repeatedly" to serve Kramer by more conventional means in accordance with Federal Rule of Civil Procedure 4(e), it said.

The plaintiffs alternatively seek an order allowing them to effect service on the defendant via "any additional, alternative, or further service,” including, but not limited to, service by publication, said the order. But it’s “unclear at this point” whether he is attempting to evade service, it said.

The judge noted that Kramer told a process server during a recent phone call he’s in Europe and not expected to return to the U.S. until May 13, said the order. “Accordingly, the plaintiffs' motion is denied without prejudice to renewal” if further efforts to serve the defendant at his last known address in New Orleans “prove unsuccessful after his expected return,” it said. The judge gave the plaintiffs until July 12 to complete such service.