Amy Doucette, et al. v. Kia America Inc., et al.

Summary

The United States District Court for the Central District of California ordered plaintiffs to show cause why Kia Corporation and Hyundai Motor Company should not be dismissed without prejudice for lack of service. The court held that service on the South Korean corporations is governed by Federal Rule of Civil Procedure 4(f) and the Hague Convention, and required plaintiffs to demonstrate good cause by April 29, 2025.

Holdings

1. Because KIA Corporation and Hyundai Motor Company are foreign corporations located in South Korea, service on them is governed by Federal Rule of Civil Procedure 4(f) and the Hague Convention.
2. Plaintiffs must show good cause for their failure to effect timely service on KIA Corporation and Hyundai Motor Company; absent a timely written response demonstrating good cause, the defendants will be dismissed without prejudice.

Questions Presented

1. Whether service on the South Korean corporate defendants is governed by Federal Rule of Civil Procedure 4(f) and the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil Matters.
2. Whether plaintiffs should be required to show good cause for their failure to effect timely service and face dismissal without prejudice if they cannot do so.

Disposition

other