SLS Properties Three, LLC et al v. Arevalo et al

Filing 159

ORDER denying 86 Defendant Albert F. Delaney's Motion to Dismiss for Lack of Jurisdiction; denying 86 Defendant Albert F. Delaney's Motion to Dismiss. Signed by Judge Darrin P. Gayles on 7/5/2016. (zvr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 15-24176-CIV-GAYLES
SLS PROPERTIES THREE, LLC, and
JAWHBS LLC,
Plaintiffs,
v.
JORGE E. AREVALO; JA ENERGY
RESOURCES, LLC; SHUTTS & BOWEN, LLP;
KEVIN D. COWAN; OMAR BOTERO a/k/a
OMAR BOTERO-PARAMO; ALIANZA
FINANCIAL SERVICES, LLC; ALIANZA
HOLDINGS, LLC; ALBERT F. DELANEY;
CRYSTAL TOWER PARTNERS II, LLC;
CRYSTAL TOWER ON BRICKELL PLAZA,
LLC; WATSON BRICKELL DEVELOPMENT,
LLC, f/k/a WATSON INVESTIGATIONS, LLC;
STEVEN CARLYLE CRONIG; and FRANCIS
H. “FRAN” SCOLA, III,
Defendants.
/
ORDER DENYING DEFENDANT ALBERT F. DELANEY’S MOTION TO DISMISS
THIS CAUSE comes before the Court on Defendant Albert F. Delaney’s Motion to
Dismiss for Lack of Personal Jurisdiction and Motion to Dismiss for Failure to State a Claim [ECF
No. 86]. Upon consideration of the briefs, the attachments thereto, and the record in this case, the
Court finds that the Plaintiffs have sufficiently established personal jurisdiction over Defendant
Delaney in Florida. “A plaintiff seeking to establish personal jurisdiction over a nonresident
defendant ‘bears the initial burden of alleging in the complaint sufficient facts to make out a prima
facie case of jurisdiction.’” Louis Vuitton Malletier, S.A. v. Mosseri, 736 F.3d 1339, 1350 (11th
Cir. 2013) (quoting United Techs. Corp. v. Mazer, 556 F.3d 1260, 1274 (11th Cir. 2009)). Where
the defendant challenges jurisdiction by submitting evidence in support if its position, “the burden

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traditionally shifts back to the plaintiff to produce evidence supporting jurisdiction.” Meier ex
rel. Meier v. Sun Int’l Hotels, Ltd., 288 F.3d 1264, 1269 (11th Cir. 2002). The plaintiff must
“substantiate the jurisdictional allegations in the complaint by affidavits or other competent proof,
and not merely reiterate the factual allegations in the complaint.” Polskie Linie Oceaniczne v.
Seasafe Transport A/S, 795 F.2d 968, 972 (11th Cir. 1986).
The Plaintiffs here provided a skip trace showing that the Defendant maintains a Florida
driver’s license that reflects legal residence in Miami, Florida. They have further provided emails
sent during the relevant time period in this case involving the real estate transaction at issue in the
Amended Complaint which Defendant Delaney signed as the Manager of Alianza Financial
Services, LLC—a company with an address in Miami, Florida, and a phone number with a “305”
area code. The Court finds that the Plaintiffs have sufficiently satisfied both the relevant provision
of the Florida Long-Arm Statute and the Due Process Clause of the U.S. Constitution in meeting
their burden to establish that personal jurisdiction over this Defendant is proper. Diamond Crystal
Brands, Inc. v. Food Movers Int’l, Inc., 593 F.3d 1249, 1257-58 (11th Cir. 2010) (citation and
internal quotation marks omitted).
The Court also finds that, accepting the well-pleaded factual allegations of the Amended
Complaint as true, and viewing those allegations in the light most favorable to the Plaintiffs, the
Complaint “contains sufficient factual matter . . . to ‘state a claim to relief that is plausible on its
face,’” against Defendant Delaney for each of the alleged claims. Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). There exists enough
“factual content that allows the court to draw the reasonable inference that the defendant is liable
for the conduct alleged.” Id.; see also Skinner v. Switzer, 562 U.S. 521, 530 (2011) (explaining
that the critical question in deciding a motion to dismiss is not whether the claimant “will ultimately
prevail . . . but whether his complaint [is] sufficient to cross the federal court’s threshold”).
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Accordingly, it is ORDERED AND ADJUDGED that Defendant Albert F. Delaney’s
Motion to Dismiss [ECF No. 86] is DENIED. Defendant Delaney shall ANSWER the Plaintiffs’
complaint by July 19, 2016.
DONE AND ORDERED in Chambers at Miami, Florida this 5th day of July, 2016.

DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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