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Boustead Secs. LLC v. Leaping Grp. Co. Ltd.

Limited Agent Law Firm Is Not Authorized to Accept Service of Process in Breach Action

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OPINION AND ORDER   Plaintiff Boustead Securities, LLC sued Defendants Leaping Group (“Leaping”) and ATIF Holdings (“ATIF”) for breach of contract, breach of the implied covenant of good faith and faith dealing, tortious interference with business relations, and quantum meruit. Compl., Dkt. 5. Now before the Court is Leaping’s motion to dismiss for insufficient service of process pursuant to Federal Rule of Civil Procedure 12(b)(5). For the foregoing reasons, Defendant’s motion to dismiss is HELD IN ABEYANCE. Plaintiff is directed to serve Defendant Leaping properly within the next 60 days and post proof of service on ECF. If Plaintiff fails to serve Defendant properly within 60 days of the date of this opinion and order, the Court will grant Defendant’s motion to dismiss pursuant to Rule 12(b)(5). BACKGROUND The Court will focus on the factual background that is relevant to the pending motion. In October 2018, Plaintiff, a broker/dealer and financial consulting firm, entered into an exclusive financial advisor agreement with Defendant Leaping, a Chinese corporation, in anticipation of Leaping’s initial public offering and pre-IPO financings. See Compl.

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