United States District Court, N.D. California
JIN MI RYUNG, on behalf of herself and all others similarly situated, Plaintiff,
TJ MEDIA USA, INC., and TJ MEDIA CO., LTD., Defendants.
ORDER GRANTING MOTION FOR AN ORDER AUTHORIZING ALTERNATIVE SERVICE AND VACATING HEARING
WILLIAM ALSUP, District Judge.
In this putative class action for misappropriation of likeness in connection with karaoke machines, plaintiff moves for authorization to serve a foreign-parent defendant through its domestic subsidiary. The domestic-subsidiary defendant does not oppose. For the reasons stated below, the motion is GRANTED. The hearing set for March 13 is VACATED.
In October 2013, plaintiff filed a putative class action complaint against defendant TJ Media USA, Inc. alleging California state-law and common-law claims. "Plaintiff, an individual, is a citizen of Korea" (Compl. ¶ 3). In December 2013, defendant TJ Media USA answered and admitted that TJ Media Co., Ltd. is the parent company of TJ Media USA (Ans. ¶ 1). The action was then reassigned to the undersigned judge. In January 2014, plaintiff filed an amended putative class action complaint, adding the parent company, TJ Media Co., Ltd, as a defendant. "TJ Media Co. is a foreign corporation headquartered in Seoul, Korea" (Dkt. No. 26). The amended complaint proposed the following classes:
Any person or entity whose music is featured in one of Defendants' Machines sold in the United States that also features the person's or entity's image, video, or likeness.
Any person or entity whose music is featured in one of Defendants' Machines sold in the State of California, the State of New York, the Commonwealth of Virginia, the State of Texas, the State of Illinois, the State of Georgia, and the State of Washington, that also features the person's or entity's image, video, or likeness.
(Amd. Compl. ¶¶ 38, 39). The operative amended complaint added five claims for relief alleging misappropriation of publicity rights under New York, Virginia, Texas, Washington, Illinois, and Georgia state and common law. A summons directed at defendants was then issued. Plaintiff provided the following address for defendant TJ Media Co., the parent company, "640-8 Deungchon-Dong, Gangseo-Gu, Seoul, Korea" (Dkt. Nos. 27, 28). In defendant TJ Media USA's answer to the amended complaint, defendant noted (as an affirmative defense) that "[t]here is another action pending in the Republic of South Korea regarding the issue of whether plaintiff gave consent for use of her image or likeness" (Dkt. No. 34).
On January 28, plaintiff filed the instant motion for "an order authorizing her to serve [TJ Media Co., Ltd.] through its domestic subsidiary, TJ Media USA." Other than perhaps counsel for the domestic subsidiary, "Plaintiff has been unable to locate any designated registered agents for service of process or other agents authorized to accept service of process on [the foreign parent's] behalf in the United States" (Smith, Jr. Decl. ¶¶ 4, 6, 9, 10). Plaintiff then filed a certificate of service stating that the motion and accompanying papers were served via federal express overnight delivery to "TJ Media Co., Ltd., 23, Hwagok-ro 64-gil, Gangseo-gu, Seoul, Korea" (Dkt. Nos. 33, 35).
On February 11, counsel for plaintiff and counsel for TJ Media USA, Inc. appeared for a case management conference. TJ Media USA indicated that they would be filing a notice of non-opposition to the motion shortly. Indeed, TJ Media USA then filed a statement stating that plaintiff's motion "is not directed at defendant TJ Media USA, Inc." and "[c]onsequently, TJ Media USA takes no position thereon" (Dkt. No. 37).
A February 11 case management order set a number of deadlines. Initial disclosures are due by February 21 on pain of preclusion, the fact discovery cut-off is October 31, and the jury trial begins February 2, 2015 (Dkt. No. 36). At the case management conference, counsel was also reminded of the notice regarding factors to be evaluated for any proposed class settlement (Dkt. No. 18).
All parties who have appeared in this action have had an opportunity to respond in writing and be heard orally. The motion is thus ripe to decide.
Service of an individual in a foreign country is governed by ...