SINGH v. DIESEL TRANSPORTION, LLC et al
Filing
11
OPINION fld. Signed by Judge Jose L. Linares on 7/7/16. (sr, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MALKIT $INGH,
Civil Action No.:
16-02311 (JLL)
Plaintiff,
v.
OPINION
DIESEL TRANSPORTATION, LLC, and
KWAKU A. MENU
Defendants.
LINARES, District Judge
This matter comes before the Court by way of a Motion to Dismiss for lack of personal
jurisdiction and for other relief (ECF No. 5-1) filed by Defendants Diesel Transportation, LLC and
Kwaku A. Menu (collectively, “Defendants”) on May 27, 2016. Plaintiff filed opposition on June
21, 2016 (ECF No. 8, “Pl.’s Opp. Br.”) and Defendants replied to same on June 22, 2016 (ECF
No. 10, “Defs.’ Reply Br.”). finding that this Court lacks personal jurisdiction over Defendants,
the Court will transfer this matter to the Federal District Court for the District of Nevada.
I.
BACKGROUND’
Plaintiffs Complaint is the second iteration of a previous action commenced in this court
based on nearly identical allegations. See Sing/i v. Diesel Transp., LLC, No. 15-cv-7930, 2016
WL 901834, at *1 (D.N.J. Mar. 8, 2016) (Linares, J.) (dismissing Plaintiffs prior complaint). In
Because this is a motion to dismiss, the Court must “accept all factual allegations as true, construe the complaint
in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint,
the plaintiff may be entitled to relief.” Phillips i Cnty. ofAllegheny, 515 F.3d 224, 233 (3d Cir. 200$) (quoting
Pinker v. Roche Holdings, Ltd., 292 F.3d 361, 374 (3d Cfr. 2002)).
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the previous case, this Court granted the Moving Defendants’ Motion to Dismiss for lack of subject
matter jurisdiction. (Id. at *2). The Court found, in part, that it lacked subject matter jurisdiction
over the first-filed action because Plaintiff did not raise any federal questions and both Plaintiff
and two defendants resided in New Jersey, thereby defeating the complete diversity requirement
of diversity jurisdiction. (Id. at *4). Plaintiffs instant action does not include the non-diverse
defendants, but re-alleges the same claims (detailed below) against Defendants Diesel
Transportation, LLC (“Diesel”) and Kwaku A. Menu (“Menu”). (Compl.
¶J 3-4). Defendant
Diesel is a corporation with its principal place of business in the State of Georgia. (Id.
¶ 3).
Defendant Menu is a resident of the State of Georgia. (Id. at ¶ 4).
Plaintiff Malkit Singh was a passenger in a freightliner travelling in the state of Nevada in
the early morning of May 27, 2014. (Compi.
¶ 17). At that time, according to the Complaint,
Defendant menu was operating a frcightliner owned by Defendant Diesel. (Id.
¶J 17-19). Plaintiff
alleges that he sustained “serious personal injuries” as a result of Defendants’ negligence. (Id.
¶
20-23). Plaintiff demands judgment against Defendants in the amount of One Million Dollars plus
the costs of the action for consequential past, present and future injuries including “great pain,
discomfort, anguish, anxiety, thedical and other expenses, damages and permanent damage.” (Id.
¶J 25-28).
Defendants now move to dismiss this action for lack of personal jurisdiction. Plaintiff
opposes this motion, arguing that the Court should permit the parties to engage in jurisdictional
discovery or alternatively transfer this matter to the Federal District Court for the District of
Nevada.
II.
LEGAL STANDARD
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Once a defendant files a motion to dismiss for lack of personal jurisdiction pursuant to
Federal Rule of Civil Procedure 1 2(b)(2), the “plaintiff must prove by affidavits or other competent
evidence that jurisdiction is proper.” Metcalfe v. Renaissance Marine, Inc., 566 F.3d 324, 330 (3d
Cir. 2009) (internal citations omitted).
Where, as here, the district court does not hold an
evidentiary hearing, a plaintiff need only establish a “prima fade case of personal jurisdiction and
the plaintiff is entitled to have its allegations taken as true and all factual disputes drawn in its
favor.” Miller Yacht Sales, Inc. v. Smith, 384 F.3d 93, 97 (3d Cir. 2004). Additionally, “[i]f the
contents of the plaintiffs complaint conflict with the defendant’s affidavits, the district court must
construe all reasonable inferences that can be drawn from the papers in the plaintiffs favor.”
Haffen v. Butler Specialties, Inc., No. 10-cv-2833, 2011 WL 831933 at *2 (D.N.J. Mar. 3, 2011)
(quoting 4 wright & Miller, Federal Practice and Procedure: Civil 3d 1067.6 (3d ed. 2002)). The
plaintiff, however, retains “the burden of demonstrating [that the defendants’] contacts with the
forum state are sufficient to give the court in personam jurisdiction.” Mesalic v. Fiberfloat Corp.,
897 F.2d 696, 699 (3d Cir. 1990). “These contacts must be shown ‘with reasonable particularity.”
Weilness Publ’g v. Barefoot, 128 Fed. App’x 266, 268 (3d Cir. 2005) (unpublished) (quoting
Mellon Bankv. farino, 960 F.2d 1217, 1223 (3d Cir. 1992)).
“A federal court sitting in New Jersey has jurisdiction over parties to the extent provided
under New Jersey state law.” Miller Yacht, 384 F.3d at 96 (3d Cir. 2004). “New Jersey’s long
arm statute provides for jurisdiction coextensive with the due process requirements of the United
States Constitution.” Id. (citing N.J. Ct. R. 4:4-4(c)). A district court sitting in New Jersey may
therefore exercise personal jurisdiction over a non-resident defendant if the defendant has “certain
minimum contacts with [New Jersey] such that the maintenance of the suit does not offend
‘traditional notions of fair play and substantial justice.” Henry Heide, Inc. v. WRH Prods. Co.,
3
Inc., 766 F.2d 105, 108 (3d Cir. 1985) (quoting Int’l Shoe Co. v. Washington, 66 S.Ct. 154, 158
(1945)).
“Minimum contacts can be analyzed in the context of general jurisdiction or specific
jurisdiction.” Metcalfe, 566 F.3d at 334. “General jurisdiction results from, among other things,
‘systematic and continuous’ contact between a non-resident defendant and the forum state.”
Spttglio v. Cabaret Lounge, 344 F. App’x 724, 725 (3d Cir. 2009) (unpublished) (quoting Int’l
Shoe, 66 S. Ct. at 160). “Specific jurisdiction over a defendant exists when that defendant has
‘purposefully directed his activities at residents of the forum and the litigation results from alleged
injuries that arise out of or relate to those activities.” Miller Yacht, 384 F.3d at 96 (quoting Burger
King Corp.
III.
V.
Rudzewicz, 105 S. Ct. 2174, 2182 (1985)).
ANALYSIS
A.
DEFENDANTS’ MOTION TO DISMISS
The parties dispute whether this Court has personal jurisdiction over the Defendants.
Defendants reject Plaintiffs assertion that they are subject to jurisdiction before this Court based
solely upon Diesel’s designation of an agent for service of process in New Jersey in compliance
with the Federal Motor Carrier Act, which requires certain motor carriers to designate an agent for
service of process in each State in which the carrier operates. 49 U.S.C.S.
§ 13304(a). Further,
Defendants argue that there is no basis for asserting general jurisdiction over Defendants because
Diesel has its principal place of business in the State of Georgia and Menu resides in the State of
Georgia. Additionally, Defendants dismiss any notion that there is specific jurisdiction over them
since the accident giving rise to the instant claims occurred in Nevada, and therefore the alleged
injuries did not “arise out of or relate to” Defendants’ limited activities in New Jersey.
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Plaintiff contends that Diesel’s designation of an agent to receive process in New Jersey
“confers personal jurisdiction over Defendant Diesel even for an auto accident that occurred in
Nevada.” (Pl.’s Opp. Br. at 3). To the extent that the Court finds personal jurisdiction to be
lacking, Plaintiff argues that he is entitled to “limited jurisdictional discovery to ascertain the true
nature and extend of defendants’ contacts with New Jersey.” (Id. at 4). According to Plaintiff,
Diesel’s representations that they make about four trips to New Jersey per year “may be sufficient
to demonstrate specific or general jurisdiction when considered relative to Diesel’s trucking
business as a whole.” (Id. at 4-5).
1.
GENERAL JURISDICTION
“For an individual, the paradigm forum for the exercise of general jurisdiction is the
individual’s domicile; for a corporation, it is an equivalent place, one in which the corporation is
fairly regarded as at home.” Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846,
2853-54 (2011). Courts have considered a corporation to be “at home” where it has its “place of
incorporation and principal place of business.” Daimler AG v. Bauman, 134 S. Ct. 746, 760
(2014). An exception to these bases occurs when a corporation’s “affiliations with the State are
so ‘continuous and systematic’ as to render it essentially at home in the forum State.” Id. at 762
(quoting Goodyear, 131 S. Ct. at 2851).
By Plaintiffs own account Diesel is neither incorporated in New Jersey nor does it have
its principal place of business in New Jersey. (Compi.
¶ 9).
Thus, Plaintiff cannot show general
jurisdiction under the paradigmatic examples noted in Bauman. Therefore, in order to show that
this Court has general jurisdiction over Diesel, Plaintiff must show that Diesel’s “affiliations with
the state are so continuous and systematic as to render it essentially at home in New Jersey.
Goodyear, 131 S. Ct. at 2851. Plaintiff has not made this showing because he has failed to allege
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any facts, either in his Complaint or in a certification supporting jurisdiction, suggesting that
Diesel’s contacts with New Jersey “are so ‘continuous and systematic’ as to render it essentially
at home in [this State].” Daimler, 134 5. Ct. at 762.
Plaintiff asserts that because Diesel designated an agent to receive process in New Jersey
in compliance with the Federal Motor Carriers Act, the Company has submitted to personal
jurisdiction in this forum. Courts in this district have definitively rejected the argument that
compliance with the Federal Motor Carrier Act’s agent requirement alone renders the company
subject to personal jurisdiction. See generally Davis v. Qttality Carriers, Inc., Nos. 08-cv-4533,
0$-cv-6262, 2009 WL 1291985 at 5 (D.N.J. May 7, 2009) (Chesler, J.) (“Nothing in the language
of § 13304 or the applicable USDOT regulations even suggests that a motor even suggests that a
motor carrier or other covered entity submits to the jurisdiction of each state in which it designates
an agent for the service of process.”); see also Alliance Shippers, Inc. v. Midland West, Inc., No.
2:10-cv-03729, 20011 WL 1832559 at *4 (D.N.J. May 13, 2011) (Cavanaugh, J.) (affirming the
Davis court’s reasoning and finding it “instructive, since it explains that although the rational for
allowing nationwide service of process is important to protect the public, ‘this advantage to the
public does not obviate the basic due process requirement of ‘fair warning that a particular activity’
may subject the motor carrier to one state’s jurisdiction.”). Finding no reason to depart from
settled law in the district, the Court rejects Plaintiffs argument that compliance with the Federal
Motor Carrier Act’s designation of agent requirement renders Diesel susceptible to general
jurisdiction in New Jersey. As Plaintiff has not argued that Diesel is otherwise “at home” in this
jurisdiction, the Court finds that there is no basis to assert general jurisdiction over Defendant
Diesel.
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The Court similarly finds that there is no basis to exercise general personal jurisdiction
over Menu
—
a resident of Georgia.
Absent a showing that an individual defendant has
“continuous and systematic’ contacts with the forum,” courts cannot assert general personal
jurisdiction over individual defendants domiciled in other forums. Remick v. Manfedy, 238 F.3d
248, 255 (3d Cir. 2001); see also Bauman, 132 S. Ct. at 760 (articulating that a court has general
personal jurisdiction over an individual defendant who is domiciled in the forum.)
Because neither Diesel nor Menu can be said to be “at home” in this jurisdiction, this Court
cannot constitutionally assert general personal jurisdiction over these Defendants.
ii.
SPECIFIC JURISIDCTION
“Specific jurisdiction is established when a non-resident defendant has ‘purposefully
directed’ his activities at a resident of the forum and the injury arises from or is related to those
activities.” Gen. Elec. Co. v. Duetz AG, 270 F.3d 144, 150 (3d Cir. 2001) (quoting Burger King,
471 U.S. at 472). In other words, specific jurisdiction exists where the “cause of action arises out
of [t]he defendant’s forum-related activities, such that the defendant should reasonably anticipate
being haled into court in that forum.” Abel v. Kirbaran, 267 F.App’x 106, 108 (3d Cir. 2008)
(internal citations and quotations omitted).
Three elements must be met to establish specific jurisdiction. HS Real Co., LLC et al. v.
SIzer, 526 F. App’x 203, 206 (3d Cir. 2013). First, the defendant must have purposefully availed
itself of the privilege of conducting activities within the forum. Id. Second, “plaintiffs’ claims
must arise out of or relate to at least one of the contacts with the forum.” Id. (internal citations and
quotations omitted). Third, the exercise of jurisdiction must comport with traditional notions of
fair play and substantial justice. 0 ‘Connor v. Sandy Lane Hotel Co., Ltd., 296 F.3d 312, 317 (3d
Cir. 2007).
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A defendant is said to “purposely availed” himself if his contacts “amount to ‘a deliberate
targeting of the forum.” D ‘Jamoos ex ret. Estate of Weingeroffv. Filatits Aircraft Ltd., 566 F.3d
94, 103 (3d Cir. 2009) (quoting Sandy Lane, 496 F.3d at 317). A defendant is said to have
deliberately targeted a forum if he has “engaged in significant activities with a State
.
.
.
or has
created ‘continuous obligations’ between himself and residents of the forum.” Burger King, 105
S. Ct. at 2184 (internal citation omitted). Under these circumstances, “because [the defendants]
activities are shielded by ‘the benefits and protections’ of the forum’s laws it is presumptively not
unreasonable to require him to submit to the burdens of litigation in that forum as well.” Id.
Here, plaintiff has not offered any evidence suggesting that Defendants have purposefully
availed themselves of the privilege of conducting activities with this forum. See Slier, 526 Fed.
App’x at 206. In fact, the Complaint does not allege even a single connection between these
Georgian Defendants and New Jersey, and Plaintiff has not provided the Court with any “affidavits
or other competent evidence that jurisdiction is proper.” Metcalfe, 66 F.3d at 330. Rather, in
Plaintiffs Opposition Brief, he states that Diesel’s trucks travel through New jersey approximately
four times per year. (Pl.’s Opp. Br. at 3-4). Plaintiff has not shown how merely passing through
New Jersey on an average of four times a year “amounts to ‘a deliberate targeting of the forum.”
Fitatus Aircraft Ltd., 566 F.3d at 103 (quoting Sandy Lane, 496 F.3d at 317). In any event,
assuming arguendo that Plaintiff could demonstrate that Defendants purposefully availed
themselves of the benefit of New Jersey’s laws, Plaintiffs claims neither arise out of not relate to
any of the contacts that Defendants have allegedly had with the forum. Because Plaintiffs injuries
emanate from an accident alleged to have resulted from Defendants’ activities outside ofthe forum,
this Court cannot assert specific jurisdiction over the Defendants.
B.
PLAINTIFF’S
DENIED
REQUEST
FOR
8
JURISDICTIONAL
DISCOVER
IS
The Third Circuit has stated that unless a plaintiffs claim of personal jurisdiction is
“clearly frivolous,” courts “are to assist the plaintiff by allowing jurisdictional discovery prior to
granting a motion to dismiss on lack of personal jurisdiction grounds.” Toys “R” Us, Inc. v. Step
Two, S.A., 318 F.3d 446,456 (3d Cir. 2003). “If a plaintiff presents factual allegations that suggest
‘with reasonable particularity’ the possible existence of the requisite ‘contacts between [the party]
and the forum state,” the plaintiffs right to jurisdictional discovery should be sustained. Id.
Here, Plaintiff has not presented any factual allegations that would suggest with the
required particularity how discovery with respect to personal jurisdiction would unveil the
requisite minimum contacts between Defendants and this forum. Rather, Plaintiff summarily
states that the approximately four trips per year that Diesel makes through New Jersey ‘may be
sufficient to demonstrate specific or general jurisdiction when considered relative to Diesel’s
trucking business as a whole.” (Pl.’s Opp. br. at 4-5). Given Plaintiffs failure to allege any
substantial contacts between Defendants and New Jersey, the Court finds that permitting
jurisdictional discovery in this matter would be futile. Accordingly, Plaintiffs request for
jurisdictional discovery is denied.
C.
PLAINTIFF’S REQUEST
DISMISSAL IS GRANTED
TO
TRANSFER VENUE
IN
LIEU
OF
Plaintiff requests that the court transfer this action to the District Court in Nevada if the
Court finds that it lacks personal jurisdiction over Defendants. (Pl.’s Opp. Br. at 5). Section
1404(a) provides that “[f]or the convenience of the parties and witnesses, in the interest ofjustice,
a district court may transfer any civil action to any other district or division where it might have
been brought or to any district or division to which all parties have consented. 28 U.S.C.
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§ 1404(a).
Here, Plaintiff argues that in the event the Court finds jurisdiction lacking, the Court should
transfer this matter to Nevada. Plaintiff argues that his claims would be time-barred under Nevada
law were he to commence a new action in that jurisdiction. (Pl.’s
Opp. Br. at 5-6).
Defendants do
not appear to contest this request to transfer. (See Defs.’ Reply Br. at 8). In fact, at the outset of
this matter, Defense counsel advised Plaintiffs counsel that Nevada would be a more suitable
venue for this matter.2 (Defs.’ Reply Br. at 8). Accordingly, in the interest of justice, and given
the fact that Defendants agree that this matter is better resolved in Nevada, where the accident
giving rise to Plaintiffs claims occurred, the Court will grant Plaintiffs request to transfer this
matter to the District Court in Nevada.
IV.
CONCLUSION
Having determined that there is no basis for this Court to exercise personal jurisdiction
over Defendants, the Court will transfer this action to the United States District Court for the
District of Nevada pursuant to 28 U.S.C.
§ 1404(a). An appropriate Order accompanies this
opinion.
IT IS SO ORDERED.
DATED:
JULY
71, 2016
2
The court declines to grant Defendants’ request for an award of fees and expenses incurred in the preparation of a
second motion to dismiss. (See Defs.’ Reply Br. at 6). Similarly the Court considers Defendants’ request to enforce
this Court’s prior order of sanctions in the previously-filed case to be moot in light of Plaintiffs representations (and
Defendants’ failure to respond to same) that “Plaintiffs counsel sent payment in full accordance with this Court’s
order awarding attorneys’ fees in connection with a prior dismissal order dated March 23, 2016.” (Pt.’s Opp. Br. at
7).
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