Difusion 11700 v. Comercializadora VNA, S.A. DE C.V.

Summary

The United States District Court for the Northern District of California granted Comercializadora VNA, S.A. de C.V.’s motion to dismiss Difusion 11700’s declaratory judgment action without prejudice. The court held that Difusion failed to establish proper service of process under Federal Rule of Civil Procedure 4(h)(1)(B), because the individual served was not shown to be an officer, managing or general agent, or authorized agent of Comercializadora. The court terminated a discovery letter brief as moot, denied a request for judicial notice as moot, and directed the Clerk to close the case.

Holdings

1. Service was invalid because Difusion failed to establish that Juan Losa was an officer, managing or general agent, or other agent authorized by appointment or law to receive service for Comercializadora.
2. Dismissal under Federal Rule of Civil Procedure 12(b)(5) was proper, and the action was dismissed without prejudice.

Questions Presented

1. Whether Difusion properly served Comercializadora under Federal Rule of Civil Procedure 4(h)(1)(B).
2. Whether the action should be dismissed without prejudice for insufficient service of process under Federal Rule of Civil Procedure 12(b)(5).

Disposition

dismissed