UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

 ) 

 ) Case No.: 20-Civ-21887-GAYLES 

COMMODITY FUTURES TRADING ) 

COMMISSION, ) 

 ) 

Plaintiff, ) 

) 

 vs. ) 

 ) 

DANIEL FINGERHUT, ) 

DIGITAL PLATINUM, INC., ) 

DIGITAL PLATINUM, LLC, HUF ) 

MEDIYA, LTD ) 

(a.k.a HOOF MEDIA LTD.), TAL VALAROLA ) 

and ) 

ITAY BARAK ) 

 ) 

 Defendants, ) 

 ) 

 ) 

AICEL CARBONERO ) 

 ) 

 Relief Defendant. ) 

__________________________________________) 

ORDER GRANTING PLAINTIFF’S 

SECOND MOTION FOR ALTERNATIVE SERVICE 

THIS CAUSE comes before the Court on Plaintiff’s Second Motion for Alternative 

Service (the “Motion”) Defendants Tal Valariola (“Valariola”), Itay Barak (“Barak”), and Digital 

Platinum Ltd. (“Ltd.”) (“Israeli Defendants”) pursuant to Federal Rule of Civil Procedure 4(f)(3) 

and 4(h)(2). [ECF No. ___]. The Court has reviewed the Motion and the record and is otherwise 

fully advised. The Court finds good cause to authorize alternative service via UPS and email 

because those methods are reasonably calculated to provide notice to defendants. The Court 

Case 1:20-cv-21887-DPG Document 104-4 Entered on FLSD Docket 06/16/2020 Page 1 of 3
further authorizes the Commission to file the return or electronic receipt (or substantially similar 

documents) as proof of service upon delivery via UPS and to file the transmission emails as 

proof of service pursuant to Federal Rule of Civil Procedure 4(l)(2)(B). Specifically: 

1. The Court finds that Israeli Defendants reside in Israel. 

2. The Court finds that service via UPS, email, and email to counsel in the 

United States for Israeli Defendants is not expressly prohibited by any 

international agreement. 

3. The Court further find that service via email directly to Israeli Defendants 

and to counsel for Israeli Defendants comports with constitutional notions of 

fairness under the circumstances because it will provide Israeli Defendants 

notice of the Complaint and an opportunity to raise objections and be heard. 

4. Service through international processes and/or international registered mail is 

impracticable and would create undue delay based on the facts and 

circumstances applicable here, the nature of this action, and its procedural 

posture. 

5. Accordingly, it is 

ORDERED AND ADJUDGED as follows: 

1. Plaintiff’s Expedited Motion for Alternative Service [ECF No. ___] is GRANTED.

2. Plaintiff is authorized to serve the Amended Complaint [ECF No. 101], summons [ECF Nos. 

103], and all filings in this matter via UPS, electronic mail directly to Israeli Defendants 

(talv@digitalplatinum.com, talvalariola@gmail.com, valariolatal@gmail.com, 

itayb@digitalplatinum.com and itaybarak01@gmail.com), and electronic mail to counsel 

who have filed an appearance, submitted an application for admission pro hac vice, and/or 

Case 1:20-cv-21887-DPG Document 104-4 Entered on FLSD Docket 06/16/2020 Page 2 of 3
otherwise submitted evidence or participated in this matter on behalf of Israeli Defendants 

(Seth.Taube@BakerBotts.com, jpickholz@pickholzlaw.com, and 

lmayersohn@mayersohnlaw.com).

3. Plaintiff may file the electronic delivery receipt (or substantially similar documents) and 

transmission emails as proof of service for Israeli Defendants. 

DONE AND ORDERED in Chambers in Miami, Florida, this __ day of June, 2020.

 ________________________________ 

 DARRIN P. GAYLES 

 UNITED STATES DISTRICT JUDGE 

Case 1:20-cv-21887-DPG Document 104-4 Entered on FLSD Docket 06/16/2020 Page 3 of 3