Brown v. Stroud et al

Filing 32

ORDER GRANTING 5 MOTION to Dismiss for Lack of Jurisdiction filed by Andrew B. Stroud, Stroud Productions and Enterprises, Inc.; GRANTING leave to amend. (vrwlc2, COURT STAFF) (Filed on 9/30/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants Andrew Stroud and Stroud Productions & Enterprises, Inc move to dismiss this action for lack of personal jurisdiction under FRCP 12(b)(2). Doc #5. Plaintiff Steven Brown STEVEN AMES BROWN, Plaintiff, v ANDREW B STROUD, an individual and STROUD PRODUCTIONS AND ENTERPRISES, INC. Defendants. / No C-08-2348 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

argues that there are several forum related activities not alleged in the complaint sufficient to establish specific jurisdiction. Doc #17. Because plaintiff's single claim for declaratory judgment

does not arise out of or relate to the defendant's forum related

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

activities, plaintiff has not met his burden of establishing specific jurisdiction. (9th Cir 2007). GRANTED. See Menken v Emm, 503 F3d 1050, 1056-58

Accordingly, defendants' motion to dismiss is

Plaintiff may file an amended complaint on or before

October 9.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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