Ke v. BIMI Holdings Inc.

Background

Jian Ke moved for alternative service of process on foreign Defendant Tiewei Song. He sought permission to serve Song through a registered agent of BIMI Holdings Inc. in Delaware. Ke also requested permission to serve through Carter Ledyard & Milburn LLP (CLM), which he understood to be Song’s attorneys. CLM later confirmed that it did not represent Song.

Legal standard

Federal Rule of Civil Procedure 4(f) governs service on individuals in foreign countries. It permits service through internationally agreed methods, through another method reasonably calculated to provide notice, or through other methods the court orders when international agreements do not prohibit them. The court explained that authorization of alternative service under Rule 4(f)(3) is discretionary. Courts generally consider whether the plaintiff reasonably attempted service and whether court intervention is necessary. The Hague Convention does not apply when service is made on a foreign citizen’s agent within the United States.

Court’s reasoning

The court found alternative service appropriate. Ke had attempted to serve Song five times since August 27, 2024, through locations he understood to be Song’s offices and residences in the United States. The court also considered that service through the Chinese Ministry of Justice might not succeed and, even if successful, could take up to 18 months. The risk of delay supported allowing an alternative method.

Ruling and deadlines

The court granted Ke’s motion for alternative service through a registered agent of BIMI Holdings Inc. located in Delaware. Ke was ordered to complete that alternative service by February 21, 2025. If Song did not respond within 21 days after service, Ke was ordered to file a motion for default as to Song by March 28, 2025. The order does not authorize service through CLM, which stated that it did not represent Song.