Goodwin v. New Orleans City et al
Filing
183
ORDER AND REASONS: 174 MOTION to Vacate 135 Order requiring them to file a response to Second Amended Complaint filed by Fran Parent, Mark Tiller is MOOT; 179 MOTION for Entry of Default as to Fran Parent, Mark Tiller, James Mi ke Terrell filed by Deninah Goodwin IS DENIED; 157 MOTION to Dismiss for Lack of Jurisdiction filed by Stephen Don Carlos IS GRANTED; 164 MOTION to Dismiss for Lack of Jurisdiction filed by Fran Parent, Mark Tiller IS GRANTED. Signed by Judge Susie Morgan.(cbn)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
REV. DENINAH GOODWIN
Plaintiff
CIVIL ACTION
VERSUS
No. 11-1397
HOUSING AUTHORITY OF
NEW ORLEANS, et al.,
Defendants
SECTION “E”
ORDER AND REASONS
Before the Court are numerous motions filed by pro se plaintiff Rev. Deninah
Goodwin (“Rev. Goodwin”) and various defendants.
BACKGROUND
On October 25, 2011, Rev. Goodwin filed a complaint against various agencies and
divisions of federal and state government.1 On April 30, 2012, Rev. Goodwin was granted
leave to file a second amended complaint, adding a number of individuals as defendants.2
Rev. Goodwin named Stephen Don Carlos ("Carlos"), as mayor of the City of Baytown, a
defendant in his official capacity. She also named Fran Parent ("Parent") and Mark Tiller
("Tiller"), as officers of the Baytown Housing Authority, as defendants in their official
capacities.3
On July 25, 2013, this Court entered an order dismissing various defendants.4 The
City of Baytown, Texas and the Baytown Housing Authority were dismissed for lack of
1
R. Doc. 5.
2
R. Doc. 26.
3
R. Doc. 27.
4
R. Doc. 135.
1
personal jurisdiction under Rule 12(b)(2). Because Carlos, Parent and Tiller had not
responded to Rev. Goodwin's second amended complaint, the Court ordered those
individuals to respond to the complaint by August 15, 2013.
Defendants Carlos, Parent, and Tiller moved to dismiss Rev. Goodwin's claims
against them for lack of personal jurisdiction under Rule 12(b)(2).5 Rev. Goodwin opposes
both motions.6 Parent and Tiller filed a motion to vacate this Court's order requiring them
to respond to Rev. Goodwin's complaint by August 15, 2013.7 Rev. Goodwin filed an ex
parte motion for entry of default against Parent, Tiller, and James Mike Terrell.8
ANALYSIS
Rule 12(b)(2) allows a defendant to challenge the Court's exercise of personal
jurisdiction. The plaintiff bears the burden of establishing the Court's jurisdiction over the
defendant, but, unless the Court holds an evidentiary hearing on the issue, the plaintiff
need only make a prima facie showing that the Court's exercise of personal jurisdiction is
proper. See Johnston v. Multidata Sys. Int'l Corp., 523 F.3d 602, 609 (5th Cir. 2008).
As the Court thoroughly explained in its July 25, 2013 order, Rev. Goodwin failed to
make a prima facie showing that this Court had personal jurisdiction over the City of
Baytown and the Baytown Housing Authority. Those defendants lacked "substantial,
5
Carlos moved to dismiss on August 14, 2013. (R. Doc. 157) Parent and Tiller joined in a motion to
dismiss filed on August 16, 2013. (R. Doc. 164)
6
R. Doc. 178. Rev. Goodwin filed a single opposition to both motions to dismiss.
7
R. Doc. 174.
8
R. Doc. 179. James Mike Terrell also was required to respond to Rev. Goodwin's complaint by
August 15, 2013. Although Terrell did not respond until August 19, 2013, the Court finds his response
timely because he was not served with a copy of the Court's July 25 order until August 15, 2013. See R.
Doc. 170.
2
continuous, and systematic general contacts" with the state of Louisiana, and none of Rev.
Goodwin's claims against those defendants arose out of acts occurring within the state.9
Similarly, Rev. Goodwin has failed to demonstrate that defendants Carlos, Parent, and
Tiller have substantial, continuous and systematic contacts with the state of Louisiana, nor
has Rev. Goodwin shown that any of her claims against them arise out of acts committed
in Louisiana.
Accordingly, IT IS ORDERED that defendant Carlos' motion to dismiss for lack of
jurisdiction under Rule 12(b)(2) is GRANTED. Parent and Tiller's motion to dismiss for
lack of personal jurisdiction also is GRANTED. The motion to vacate filed by Parent and
Tiller is DENIED as moot. Rev. Goodwin's motion of entry for default against Parent, Tiller
and Terrell is DENIED.
9th
New Orleans, Louisiana, this ____ day of October, 2013.
_____________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE
9
R. Doc. 135, p. 25.
3
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