Boustead Securities, LLC v. U-BX Beijing Technology Co., Ltd.

Summary

The United States District Court for the Central District of California denied as moot Plaintiff Boustead Securities, LLC’s request to extend the time for service abroad under the Hague Convention. The Court ordered Plaintiff to file a status report within 30 calendar days regarding its efforts to serve the foreign defendant, or alternatively file a notice of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Court stated that failure to respond would be deemed consent to dismissal without prejudice.

Holdings

1. The time limit in Federal Rule of Civil Procedure 4(m) does not apply to service in a foreign country under Rules 4(h)(2) and 4(f)(1).
2. Although Rule 4(m) does not impose a deadline for foreign service, the court may set a reasonable time limit for service in a foreign country to manage the civil case.
3. The court denied plaintiff's request as moot, did not impose a service deadline at that time, and ordered plaintiff to file a status report within thirty calendar days of the order to show cause or file a notice of dismissal under Rule 41(a)(1)(A)(i).

Questions Presented

1. Whether Federal Rule of Civil Procedure 4(m)'s service deadline applies to service on a foreign defendant under Rules 4(h)(2) and 4(f)(1).
2. Whether the court may impose a reasonable deadline for service in a foreign country despite Rule 4(m)'s inapplicability.
3. Whether plaintiff's request for an extension of the Rule 4(m) service period should be granted and what case-management directive should issue.

Disposition

other