Shuffle Master, Inc. v. Avalinx, LLC
Filing
24
ORDER Denying 9 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue or in the Alternative to Transfer Venue. Signed by Judge James C. Mahan on 12/10/12. (Copies have been distributed pursuant to the NEF - MMM)
1
2
3
4
5
6
7
TAMARA BEATTY PETERSON (Nevada Bar No. 5218)
tpeterson@bhfs.com
LAURA E. BIELINSKI (Nevada Bar No. 10516)
lbielinski@bhfs.com
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Telephone:
(702) 382-2101
Facsimile:
(702) 382-8135
Attorneys for Plaintiff
SHFL ENTERTAINMENT, INC.
f/k/a SHUFFLE MASTER, INC.
8
UNITED STATES DISTRICT COURT
B ROW NSTEIN H YATT F ARBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
(702) 382 -2101
9
DISTRICT OF NEVADA
10
11
SHUFFLE MASTER, INC., a Minnesota
corporation,
12
13
14
15
Case No. 2:12-cv-01042-JCM-CWH
Plaintiff,
v.
AVALINX, LLC,
liability company,
an
Ohio
limited
[PROPOSED] ORDER DENYING
DEFENDANT'S MOTION TO DISMISS
FOR LACK OF PERSONAL
JURISDICTION AND IMPROPER VENUE
OR IN THE ALTERNATIVE TO
TRANSFER VENUE
Defendant.
16
17
Upon consideration of the Motion to Dismiss for Lack of Personal Jurisdiction and
18
Improper Venue or in the Alternative to Transfer Venue ("Motion") filed by Defendant Avalinx,
19
Inc., identified as Avalinx, LLC, in the caption ("Avalinx"), the papers filed in connection
20
therewith, the record in this case, and oral argument by counsel for Avalinx and Plaintiff SHFL
21
entertainment, Inc. f/k/a as Shuffle Master, Inc. ("SHFL") at the November 28, 2012, hearing on
22
the Motion;
23
24
THE COURT HEREBY FINDS THAT:
1.
Personal jurisdiction over Avalinx is proper under Calder v. Jones, 465 U.S. 783 (1984),
25
because:
26
a.
27
SHFL's Complaint against Avalinx sufficiently pleads facts to establish
that Avalinx has purposefully directed its conduct at SHFL in the District
28
014334\0004\1758726.1
1
1
of Nevada under Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1322
2
(9th Cir. 1998)—which does not require a defendant's physical contact
3
with the forum state—as follows:
i.
4
SHFL's allegations that Avalinx intentionally infringed SHFL's
5
copyrighted material and trademarks are sufficient to show that
6
Avalinx committed intentional acts;
ii.
7
SHFL's allegations that Avalinx targeted SHFL with knowledge
that SHFL is located in this forum—in conjunction with Avalinx's
9
B ROWNSTEIN H YATT F ARBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
(702) 382 -2101
8
president Conor Seabrook's admission that he traveled to Las
10
Vegas, Nevada, to perform research for Avalinx's applications—are
11
sufficient to show that Avalinx expressly aimed its conduct at
12
SHFL in the District of Nevada, and establishes that Avalinx has
13
done "something more" than operate a passive website under
14
Mavrix Photo, Inc. v. Brand Techs., Inc., 647 F.3d 1218 (9th Cir.
15
2012); and
iii.
16
SHFL's allegations that it suffered harm to its business, reputation
17
and goodwill as a result of Avalinx's infringement, the effects of
18
which SHFL felt in Nevada, where SHFL is headquartered and
19
which is the heart of the gaming industry, are sufficient to establish
20
that Avalinx caused harm that it knew was likely to occur in the
21
District of Nevada;
b.
22
SHFL's claims arose out of Avalinx's forum-related activities because but
23
for Avalinx's alleged infringement, which reached into the District of
24
Nevada and caused SHFL harm here, SHFL's claims would not have
25
arisen; and
c.
26
27
28
2.
jurisdiction over Avalinx is reasonable.
The District of Nevada is the proper venue for this action because the events giving rise to
SHFL's claims—namely, the injury SHFL alleges it suffered as a result of consumer
014334\0004\1758726.1
2
1
confusion, and other harm resulting from Avalinx's infringement—occurred at SHFL's
2
principal place of business in Las Vegas in the District of Nevada. Transfer of this case to
3
a different venue would merely shift the cost burden to SHFL, which would be improper
4
under Van Dusen v. Barrack, 376 U.S. 612 (1964).
5
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT
6
Avalinx's Motion be, and the same hereby is, DENIED.
December 10, 2012.
ENTERED this ___ day of December, 2012.
7
8
B ROWNSTEIN H YATT F ARBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
(702) 382 -2101
9
UNITED STATES DISTRICT JUDGE
10
11
12
Respectfully submitted by:
13
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
14
15
16
17
18
/s/ Laura E. Bielinski_____________
Tamara Beatty Peterson (# 5218)
Laura E. Bielinski (# 10516)
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
19
Attorneys for Plaintiff
SHFL ENTERTAINMENT, Inc.
f/k/a SHUFFLE MASTER, INC.
20
Approved as to form and content by:
21
LAW OFFICES OF JOHN A. CURTAS
22
/s/ John A. Curtas__________________
John A. Curtas, Esq.
3275 S. Jones Blvd., Suite 105
Las Vegas, NV 89146
23
24
25
26
Attorneys for Defendant
AVALINX, INC., identified as
AVALINX, LLC in the caption
27
28
014334\0004\1758726.1
3
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?