"The court cannot find that a sufficient showing of non-presence has been made based on the affirmation without plaintiffs' having received some discovery to confirm it. 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,” 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.
Responding to Cogan's order, Gandhi's attorney Ravi Batra said the judge "focused on Gandhi's sworn declaration, has asked for documentary supporting proof to expedite issue-resolution and not waste time on SFJ-sponsored wild goose chases. Swift justice, when available, is to be cherished, and as attorneys for Gandhi, we welcome it." (PTI)