Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Latinamerican Theatrical Group LLC v. Swen International Holding

United States District Court, Ninth Circuit

June 18, 2013

LATINAMERICAN THEATRICAL GROUP LLC,
v.
SWEN INTERNATIONAL HOLDING.

CHRISTINA A. SNYDER, District Judge.

CIVIL MINUTES - GENERAL

Proceedings: (IN CHAMBERS): PETITION TO CONFIRM INTERNATIONAL ARBITRATION AWARD (Docket #1, filed February 21, 2013)

MOTION TO QUASH PURPORTED SERVICE (Docket #15, filed April 25, 2013)

MOTION TO VACATE THE ARBITRATION AWARD (Docket #16, filed April 25, 2013)

REQUEST FOR ORDER FOR CLARIFICATION (Docket #39, filed June 17, 2013)

I. INTRODUCTION

Petitioner Latinamerican Theatrical Group, LLC ("LATG") filed the instant petition on February 21, 2013. LATG's petition seeks to confirm an arbitration award made in January 2013. The arbitration award was entered in favor of LATG and against respondent Swen International Holding ("Swen").

On April 25, 2013, Swen filed a motion to vacate the arbitration award, and also filed a motion to quash service of process. Swen's motion to quash service of process contends that LATG's petition to confirm the arbitration award was not properly served. LATG filed oppositions to these motions on May 17, 2013, and Swen replied on May 24, 2013. After considering the parties' arguments, the Court finds and concludes as follows.

II. DISCUSSION

Swen contends that the Court should dismiss LATG's petition to confirm the arbitration because it did not receive proper service of process. Swen is a foreign corporation doing business in the Republic of Panama, and therefore the applicable rule governing service of process is Federal Rule of Civil Procedure 4(h), [1] which provides:

(h) Serving a Corporation, Partnership, or Association. Unless federal law provides otherwise or the defendant's waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served:
...
(2) at a place not within any judicial district of the United States, in any manner prescribed by Rule 4(f) for serving an individual, except ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.