Rang Dong Joint Stock Co. v. J.F. Hillebrand USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RANG DONG JOINT STOCK No. 2:18-cv-003195-KJM-KJN
COMPANY,
12 Plaintiff, ORDER v. 14 J.F. HILLEBRAND USA, INC., et al., 15 Defendants. 16 In this dispute involving a shipment of spoiled wine, defendants J.F. Hillebrand USA, Inc. and Blue Eagle Consolidation Services move to dismiss plaintiff Rang Dong Joint Stock Company’s first amended complaint. Mot. to Dismiss (“MTD), ECF No. 25-2. Relatedly, plaintiff moves to file a second amended complaint, to swap a breach of fiduciary duty claim with an alternative claim for negligence. Mot. to Amend (“MTA”), ECF No. 30-2. Plaintiff also moves for leave to serve defendant Blue Eagle through alternative methods under Federal Rule of Civil Procedure 4(f)(3). Mot. for Service, ECF No. 26-1. For the reasons set forth below, plaintiff’s motion to amend and motion for alternative service are GRANTED. Accordingly, defendants’ motion to dismiss is DENIED as moot. /// /// /// I. BACKGROUND …