Walden v. CSX Corporation, Inc.
ORDER granting 5 Motion to Dismiss. Plaintiff's complaint is dismissed with prejudice. The Clerk is directed to terminate all pending motions and deadlines and close this case. Signed by Judge J. Randal Hall on 01/14/2015. (thb)
SOUTHERN DISTRICT OF
5.) For the reasons stated herein,
motion is GRANTED.
On June 24, 2014, Plaintiff filed a personal injury claim
in the State Court of Richmond County, Georgia, alleging that
he sustained injuries during a train accident in Richmond
County on June
to the negligence
Corporation ("CSX"). (Compl., Ex. A.) Plaintiff alleges in the
state action that a CSX-owned train dragged him approximately
fifty feet and that he was hospitalized for three months after
(Id^. 11 4-21.)
On July 23, 2014, Defendant removed the action to this
Court, then filed a motion to dismiss.
(Doc. no. 5.) Defendant
the Court lacks personal jurisdiction over
Plaintiff failed to properly serve Defendant
prior to removal; (3) Plaintiff's complaint fails to state a
claim upon which relief may be granted; and (4) Plaintiff's
claims are barred by the applicable statute of limitations
because service was not accomplished prior to the expiration
of the limitations period. Defendant insinuates that Plaintiff
subsidiary of CSX, may have been a more appropriate defendant.
Plaintiff has not responded to Defendant's motion.
dismissed pursuant to Federal Rule of Civil Procedure 12(b) (2)
for lack of personal jurisdiction. "A federal court sitting in
diversity undertakes a two-step inquiry in determining whether
personal jurisdiction exists: the exercise of jurisdiction
must (1) be appropriate under the state long-arm statute and
the Due Process
of the Fourteenth
Amendment to the United States Constitution." Diamond Crystal
Brands v. Food Movers Int' 1, 593 F.3d 1249, 1257-58 (11th Cir.
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. Id. at 1257. Where, as
affidavit evidence in support of its position,
traditionally shifts back to the plaintiff to produce evidence
supporting jurisdiction." Id.
obligations that a plaintiff must establish for the exercise
of personal jurisdiction that are distinct from the demands of
procedural due process."
statute confers personal jurisdiction over nonresidents only
omissions, ownership, use,
or possession enumerated in the
statute if in person or through an agent, he or she:
(1) transacts any business within the state;
commits a tortious act or omission within the
defamation of character arising from the act;
(3) commits a tortious injury in this state caused
by an act or omission outside this state if the
tort-feasor regularly does or solicits business, or
engages in any other persistent course of conduct,
or derives substantial revenue from goods used or
consumed or services rendered in this state;
situated within this state
Here, Defendant argues that CSX is a Virginia corporation
with its principal place of business in Florida. CSX is a
holding company which owns various subsidiaries,
CSXT. As a result,
CSX does not operate a railroad and has
Georgia or anywhere else. Additionally, Defendant asserts that
it does not maintain an office or conduct business in Georgia,
is not licensed to do business in Georgia, and has no agent in
Georgia for the purpose of accepting service of process. In
sum, Defendant has no contacts in the state and asserts that
it does not fall into any of the categories listed in the
Even if a related entity such as CSXT may be subject to
personal jurisdiction due to an alleged tortious act in the
state, Defendant contends that mere ownership of a subsidiary
jurisdiction over a nonresident corporate parent.
Drumm Corp. v. Wright, 755 S.E.2d 850, 854 (2014)("So long as
corporate entities, the presence of one in a forum state may
not be attributed to the other.") (quoting Vogt v. Greenmarine
2002 WL 534542,
Plaintiff has not rebutted Defendant's argument.
jurisdiction under Georgia's long-arm statute. The Court need
not address Defendant's other arguments in favor of dismissing
jurisdiction issue is dispositive.
Plaintiff's complaint is DISMISSED WITH PREJUDICE. The Clerk
is directed to terminate all pending motions and deadlines and
)RDER ENTERED at Augusta, Georgia, this
fyE& day of
United/States District Judge
District of Georgia
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