Covey v. System USA, LLC et al
Filing
148
ORDER and OPINION by Judge Frank H. Seay granting Motion to Dismiss for Lack of Personal Jurisdiction as to defendant, System Logistics, S.P.A. 127 denying Motion to Dismiss for Lack of Personal Jurisdiction as to defendant, System S.p.A. 127 MOTION to Dismiss Party(trl, Chambers)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
ANGELA COVEY,
)
)
Plaintiff, )
)
v.
)
)
SYSTEM USA, LLC, a Georgia
)
limited liability company,
)
et.al.,
)
)
Defendants.)
CIV-11-390-FHS
ORDER AND OPINION
Before the court for its consideration is the Defendants
System S.p.A. and System Logistics S.P.A.’s Motion to Dismiss for
Lack of Personal Jurisdiction (Doc. 127).
In the motion to
dismiss, defendant seeks dismissal of the First Amended Complaint
arguing this court lacks personal jurisdiction. Plaintiff
contends she has established sufficient jurisdiction with the
state for this court to exercise jurisdiction.
This product liability case arises from a hand injury
sustained by Plaintiff when she was re-loading a packaging
machine, alleged to have been unreasonably dangerous upon the
sale, distribution, and installation at Dal-Tile.
Plaintiff has
alleged that while performing her duties and replacing large
rolls of shrink wrap on the packaging machine at issue, suddenly
and without warning, the heat welding clamped down upon
Plaintiff’s right hand, trapping her in the machine.
sustained serious injury to her right hand.
22 separate Defendant entities.
Plaintiff
Plaintiff has named
Plaintiff has plead a cause of
action for strict product liability, negligence or gross
1
negligence and breach of warranty.
Defendant has moved pursuant to Federal Rule of Civil
Procedure 12 (b)(6) to dismiss this case against it for lack of
personal jurisdiction. Plaintiff bears the burden of proving this
court has personal jurisdiction over defendant.
AST Sports
Science, Inc. v. CLF Dist. Ltd., 514 F.3d 1054, 1056 (10th Cir.
2008).
However, in the early stages of litigation, the
plaintiff’s burden is light. Id.
“Where a district court
considers a pre-trial motion to dismiss for lack of personal
jurisdiction without conducting an evidentiary hearing, the
plaintiff need only make a prima facie showing of personal
jurisdiction to defeat the motion.” Id. at 1056-57. Plaintiff may
make this showing by written materials. Id.
It appears undisputed by the parties this court does not
have general jurisdiction over this defendant. Therefore, the
only possible basis for jurisdiction in this case would be
specific jurisdiction.
In order for a court to assert specific
jurisdiction the defendant must have “purposefully directed”
activities toward the forum state, and the controversy must have
arisen out of those contacts. Burger King Corp. v. Rudzewicz, 471
U.S. 462, 472 (1985).
Plaintiff has submitted to this court for
its consideration a signed contractual agreement between
Defendant System S.p.A. and the Dal-Tile Oklahoma facility.
The
contract establishes this defendant designed the machine at issue
to comply with the individual specification needs of the
facility, sold the machine to the facility, provided on-going
technical assistance to the facility, arranged for delivery of
the machine to the facility, provided technical supervision at
the assembly and commissioning of the facility and sent employees
to Muskogee to install the machine at the facility.
2
System
S.p.A. further warranted the machine for 18 months.
Defendant
System S.p.A. placed the product into the stream of commerce and
availed itself of the privilege of doing business in the state of
Oklahoma.
Defendant clearly directed its business activities to
the state of Oklahoma, such that the exercise of personal
jurisdiction will not offend traditional notions of fair play and
substantial justice. Shrader v. Biddinger, 633 F.3d 1235, 1240
(10th Cir. 2011).
Accordingly, the court denies the Motion to
Dismiss for Lack of Personal Jurisdiction as to the defendant
System S.p.A.
As to the defendant System Logistics S.P.A., plaintiff has
failed to meet her burden of establishing that it has
“purposefully directed” activities towards the state of Oklahoma.
There are absolutely no facts which show this defendant conducted
business in this state.
Accordingly, the court grants the Motion
to Dismiss for lack of Personal Jurisdiction as to the defendant
System Logistics S.P.A.
IT IS SO ORDERED this 24th day of October, 2012.
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?