Peterson v. Adams et al

Filing 17

ORDER DISMISSING CASE WITHOUT PREJUDICE. The Clerk is directed to close this case and terminate all pending motions. Signed by Judge J. Randal Hall on 12/12/2013. (thb)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

CHARLES PETERSON,

*

d/b/a Peterson Boys Music,

*
*

Plaintiff,

*
*

v.

*

PEGGY SCOTT ADAMS,

d/b/a Nora

CV

113-116

*

Records,

*
*

Defendant.

*

ORDER

Previously

in

this

copyright

infringement

case,

the

Court

granted Plaintiff leave to amend his Complaint and address pleading
deficiencies pertaining to personal jurisdiction and venue.
Doc.

no.

15.)

Complaint,
Albany,

which

Georgia,

this Court.

Thereafter,

relies

Plaintiff

filed

solely on actions

to establish personal

(See Doc.

no.

an

Amendment

taken

by

(See
to

Defendant

jurisdiction and

venue

the

in
in

16.)

A civil suit to enforce the Copyright Act

"may be instituted

in

the district in which the defendant or his agent resides or may

be

found."

28

U.S.C.

§

1400(a)

(emphasis

added).

"A defendant

%may be found'

in a district in which he could be served with

process;

is,

that

1 Defendant,

in

a

district

proceeding pro se,

venue issues in her Motion to Dismiss.

which

may

assert

personal

raised the personal jurisdiction and
(See Doc.

no.

10.)

jurisdiction over the defendant."2
1259

Palmer v. Braun, 376 F.3d 1254,

(11th Cir.

2004) .

Albany is

located in the Middle District of Georgia,

Southern
to

District

make

any

of Georgia.
allegations

"in the district" where
U.S.C.

§

Consequently,

1400(a).

that

Plaintiff has

Defendant

Plaintiff brought suit,

In conclusion,

not

has

as

the

failed

contacts

required by 28

Plaintiff has failed to allege or

otherwise establish venue.

Based on the foregoing,
PREJUDICE.

The

Clerk

is

this case is hereby DISMISSED WITHOUT

DIRECTED

to

CLOSE

this

case

and

TERMINATE

all pending motions.

ORDER
December,

ENTERED

at

Augusta,

Georgia,

this

/^

day

of

2013.

(NDAL HALL

UNITE/) STATES DISTRICT JUDGE
IERN

2 To

determine

whether

a

nonresident

DISTRICT OF GEORGIA

defendant

is

subject

to

personal

jurisdiction in Georgia, the Court performs a two-part analysis.
Diamond
Crystal Brands, Inc. v. Food Movers Int'l, Inc., 593 F.3d 1249, 1257-58 (11th
Cir.

2010).

First,

the Court must decide whether the exercise of personal

jurisdiction is proper under Georgia's

long-arm statute.

Id.

Next,

the

Court must determine whether there are sufficient "minimum contacts" with the

forum state to satisfy the Due Process Clause of the Fourteenth Amendment.
Id.; Int'l Shoe Co. v. Washington,

326 U.S.

310

(1945).