Millennium Franchise Group, LLC v. Bank of America, N.A.

I. BACKGROUND

21 Plaintiff Millennium is an active limited liability company that conducts business in 22 the State of California. FAC ¶ 1. Defendant Lynx is a limited liability company in the 23 State of New York. Id. ¶ 2. Defendant Aric K. is a resident of the State of Pennsylvania 24 and is the chairman of the board, founder, and advisor of Lynx. Id. ¶ 3. Defendant Aric D. 25 is a resident of the State of Pennsylvania and was an employee of Lynx. Id. ¶ 4. 26 Millennium alleges that, while conducting business with Lynx, Aric D. and Aric K. stole 27 $87,657.65. Id. ¶ 11–16. Millennium filed an amended complaint, alleging that Defendants embezzled funds and bringing causes of action for concealment, conversion, breach of contract, unjust enrichment, breach of fiduciary duty, constructive fraud, and negligence. FAC ¶¶ 24–66. While Plaintiff served Aric K. and Lynx, it has been unable to serve Aric D. since filing the complaint. In March and April 2022, two service processers attempted service at Lynx’s business address. Hubins Decl. (dkt 42) ¶ 5–6. In July 2022, a third unsuccessful attempt was made at a Pittsburgh address found…