British American Insurance Company Limited v. Fullerton et al

Filing 15

ORDER Adopting Bankruptcy Court's Recommendations on Motion to Dismiss for Lack of Personal Jurisdiction. Please see Order for details. Signed by Judge James I. Cohn on 6/7/2013. (sry)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

In re: BRITISH AMERICAN INSURANCE
COMPANY LIMITED,
Debtor in a Foreign Proceeding.
___________________________________/
BRITISH AMERICAN INSURANCE
COMPANY LIMITED,
Plaintiff,
CASE NO. 12-81330-CIV-COHN
(ADV. CASE NO. 11-03118-BKC-EPK)

v.
ROBERT FULLERTON, BRIAN BRANKER,
RAMCHAND RAMNARINE, LAWRENCE
DUPREY, VISHNU RAMLOGAN, SHIVA
RAMBERRAN, GREEN ISLAND
HOLDINGS, LLC, and CHARLES PRATT,
Defendants,
ROBERT FULLERTON,
Counter-Plaintiff,
v.
BRITISH AMERICAN INSURANCE
COMPANY LIMITED,
Counter-Defendant.
___________________________________/

ORDER ADOPTING BANKRUPTCY COURT’S RECOMMENDATIONS ON
MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION
THIS CAUSE is before the Court upon the Bankruptcy Court’s Order on Motion
to Dismiss for Lack of Personal Jurisdiction [DE 14-2] (“Dismissal Order”). The
Dismissal Order sets forth the Bankruptcy Court’s proposed findings of fact and
conclusions of law regarding Defendant Vishnu Ramlogan’s Motion to Dismiss for Lack

of Personal Jurisdiction [DE 14-3] (“Motion”).1 Although Plaintiff has filed no timely
objections to the Dismissal Order, the Court has carefully reviewed the Order and all
other filings pertaining to the Motion.
Plaintiff British American Insurance Company Limited (“BAICO”), a Carribean
insurance company, is a foreign debtor in pending Chapter 15 bankruptcy proceedings.
In this adversary case, BAICO alleges that several of its former directors, including
Defendant Ramlogan, breached fiduciary duties to the company by involving it highly
speculative real-estate transactions in Florida. BAICO’s claims focus on an
unsuccessful land investment known as the “Green Island transaction,” which allegedly
rendered BAICO insolvent.
In his Motion, Ramlogan—a citizen of Trinidad and Tobago—seeks dismissal of
BAICO’s claim against him, asserting that he is not subject to personal jurisdiction in the
United States. See Fed. R. Bankr. P. 7004(f); SEC v. Carrillo, 115 F.3d 1540, 1544
(11th Cir. 1997). BAICO opposes Ramlogan’s Motion. Based on a detailed review of
the parties’ arguments and the record evidence, the Bankruptcy Court determined that
exercising personal jurisdiction over Ramlogan in this case would violate due process.
See Fed. R. Bankr. P. 7004(f); Carrillo, 115 F.3d at 1542, 1544. The Bankruptcy Court
found that Ramlogan’s pre-suit contacts with the United States were not “systematic
and continuous” and thus were insufficient “to support the exercise of jurisdiction over
claims unrelated to his specific contacts with the United States.” DE 14-2 at 7; see
Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846, 2851, 2853-54

1

In its prior Order withdrawing the reference of this case to the Bankruptcy
Court, this Court referred all dispositive pretrial motions to the Bankruptcy Court for a
report and recommendation. See DE 6 at 5-6.
2

(2011) (discussing “general or all-purpose jurisdiction”). Further, the Bankruptcy Court
concluded that it lacked specific personal jurisdiction over Ramlogan because he had
no substantial contacts with the United States relating to the breach-of-fiduciary-duty
claim alleged here. See DE 14-2 at 7-11; Brown, 131 S. Ct. at 2851, 2853-54
(addressing “specific or case-linked jurisdiction”). The Bankruptcy Court therefore
recommended that Ramlogan’s Motion be granted. See DE 14-2 at 11.
After a careful review, this Court agrees with the Bankruptcy Court’s reasoning,
conclusions, and recommendations. Accordingly, it is hereby ORDERED AND
ADJUDGED as follows:
1.

The Bankruptcy Court’s recommendations in its Order on Motion to Dismiss for
Lack of Personal Jurisdiction [DE 14-2] are ADOPTED;

2.

Defendant Vishnu Ramlogan’s Motion to Dismiss for Lack of Personal
Jurisdiction [DE 14-3] is GRANTED; and

3.

Plaintiff BAICO’s claim against Defendant Vishnu Ramlogan in the above-styled
action is DISMISSED.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,

Florida, on this 7th day of June, 2013.

Copies provided to:
United States Bankruptcy Judge Erik P. Kimball
Counsel of record

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