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Wei Su v. Sotheby's Inc.

Third Party Deemed Properly Served if Sotheby's Follows Steps Outlined in Court's Ruling

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ADDITIONAL CASES:Sotheby’s, Inc., Counter-Claimant and Third-Party Plaintiffv.Wei Su and Hai Juan Wang,Counterclaim Defendants,-and-Yeh Yao Hwang, Third-Party Defendant

OPINION AND ORDER Plaintiffs Wei Su (“Wei”) and Hai Juan Wang (“Wang”) sued Defendant Sotheby’s, Inc. (“Sotheby’s”) for breach of contract, replevin, and unlawful detention. See Pls.’ Compl., Dkt. 1. Sotheby’s filed a counterclaim against Plaintiffs for breach of contract, in addition to a claim for Rule 22 interpleader against Plaintiffs and Third-Party Defendant Yeh Yao Hwang (“Yeh”). See Sotheby’s Compl., Dkt. 13. Sotheby’s moves, with the consent of Plaintiffs, for alternative service of process on Yeh, pursuant to Rule 4(f)(3). See Notice of Mot., Dkt. 40. Sotheby’s also moves for discharge from its interpleader claim and for the attorneys’ fees and costs incurred in connection with bringing that claim. See Notice of Mot., Dkt. 14. For the following reasons, Sotheby’s motion for alternative service is GRANTED IN PART. Provided that Sotheby’s takes the additional steps to effect service specified in this order no later than November 16, 2018, the Court will deem Yeh properly served. Sotheby’s motion for discharge and for attorneys’ fees and costs is HELD IN ABEYANCE pending Sotheby’s additional steps to effect service on Yeh.BACKGROUNDI. Factual AllegationsThis case arises out of a dispute over the ownership of an ancient Chinese wine vessel, called the Zhou Zha Hu (the “Vessel”). Wei claims that he owns the Vessel. See Pls.’ Compl. 8. On August 11, 2014, Wang, acting as agent for Wei, executed a Consignment Agreement (the “Agreement”) with Sotheby’s, an international auction house. See id.

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