Melton Properties, LLC et al v. Illinois Central Railroad Company et al
Filing
51
ORDER denying without prejudice 31 Motion to Dismiss for Failure to State a Claim; denying 31 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Debra M. Brown on 10/19/18. (tab)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
MELTON PROPERTIES, LLC, et al.
PLAINTIFFS
V.
NO. 4:18-CV-79-DMB-JMV
ILLINOIS CENTRAL RAILROAD
COMPANY, et al.
DEFENDANTS
ORDER
On August 23, 2018, Canadian National Railway Company filed a motion to dismiss the
claims brought against it for lack of personal jurisdiction and for failure to state a claim. Doc. #31.
Eight days later, the plaintiffs filed a motion seeking leave to conduct jurisdiction-related
discovery on the issues raised by the motion to dismiss. Doc. #35. On September 19, 2018, United
States Magistrate Judge Jane M. Virden granted the parties sixty days for jurisdictional discovery.
Doc. #40.
Generally, where jurisdictional discovery has been ordered on a pending motion to dismiss
for lack of jurisdiction, the proper course is to deny the jurisdictional motion without prejudice,
subject to refiling at the close of discovery. See, e.g., Katz v. Princess Hotels Int’l, Inc., 839
F.Supp. 406, 411 (E.D. La. 1993) (denying motion to dismiss without prejudice based on grant of
jurisdictional discovery); Shell Offshore, Inc. v. Freeport-McMoRan Oil & Gas, LLC, No. 179695, 2018 WL 2970876, at *5 (E.D. La. June 13, 2018) (same). Further, because as a general
rule, “courts must evaluate a motion to dismiss for lack of … personal jurisdiction prior to
considering a motion to dismiss for failure to state a claim,” Terry v. Dewine, 75 F.Supp.3d 512,
520 (D.D.C. 2014); it follows that a pending motion to dismiss for failure to state a claim should
also be denied without prejudice when the jurisdictional basis for dismissal is denied without
prejudice. Accordingly, in light of the ongoing jurisdictional discovery, Canadian National’s
pending motion to dismiss [31] is DENIED without prejudice. Canadian National may refile its
motion within twenty-one (21) days of the close of jurisdictional discovery.
SO ORDERED, this 19th day of October, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?