BRAGG v. LINDEN RESEARCH, INC. et al

Filing 35

Memorandum Regarding Exhibits Submitted By Plaintiff Following Argument re 2 MOTION to Dismiss for Lack of Jurisdiction filed by LINDEN RESEARCH, INC., PHILIP ROSEDALE, CERTIFICATE OF SERVICE. (SOVEN, ANDREW) Modified on 2/9/2007 (afm, ).

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BRAGG v. LINDEN RESEARCH, INC. et al Doc. 35 Case 2:06-cv-04925-ER Document 35 Filed 02/08/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARC BRAGG, Esq., an individual, Plaintiff, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendant. : : : : : : : : : : : : CIVIL ACTION Case No. 06-4925 MEMORANDUM REGARDING EXHIBITS SUBMITTED BY PLAINTIFF FOLLOWING ORAL ARGUMENT On February 5, 2007, following hearing on Philip Rosedale's Motion to Dismiss for Lack of Personal Jurisdiction, Plaintiff submitted four press releases allegedly obtained from Linden's website containing statements attributed to Mr. Rosedale which, allegedly, were relied on by Plaintiff. Two things are worth pointing out. 1. Based on the record before the Court, which is now closed, there is no personal jurisdiction over Mr. Rosedale according to the Third Circuit's decision in Toys "R" Us, Inc. v. Step Two, S.A., 318 F.3d 446 (3d Cir. 2003). Plaintiff has failed to demonstrate that Mr. Rosedale "purposefully availed" himself of conducting any activity in Pennsylvania. The mere issuance of a press release by Linden which attributes a statement to Mr. Rosedale does not sufficiently demonstrate that Mr. Rosedale in his personal capacity was "directly targeting" Pennsylvania residents with any statements. Plaintiff has offered no facts that would satisfy the standard articulated in Toys "R" Us. 2. The copies of the press releases provided to the Court after oral argument do not establish that the Plaintiff saw or read the press releases when he was a participant in Second Dockets.Justia.com Case 2:06-cv-04925-ER Document 35 Filed 02/08/2007 Page 2 of 3 Life. Nor do they establish when the press releases were posted to the website. By inserting an exhibit page number in the lower right hand corner of each page, Plaintiff has obscured the date the press releases were printed. Given the nature of the submission, it is most likely that the press releases were printed after oral argument rather than when Plaintiff was participating in Second Life. As a result, the copies of the press releases should be afforded no weight. Respectfully submitted, /s Andrew J. Soven (/AS 955) Scott D. Baker Andrew J. Soven Andrea B. Weingarten REED SMITH LLP 2500 One Liberty Place Philadelphia, PA 19103-7301 (215)851-8100 Dated: February 8, 2007 Case 2:06-cv-04925-ER Document 35 Filed 02/08/2007 Page 3 of 3 CERTIFICATE OF SERVICE I, Andrew J. Soven, hereby certify that Defendant Philip Rosedale's Memorandum Regarding Exhibits Submitted By Plaintiff Following Oral Argument has been filed electronically this 8th day of February, 2007, and is available for viewing and downloading from the federal court's Electronic Case Files system. A copy of the foregoing has also been served today by ECF upon the following counsel: Jason A. Archinaco, Esquire White and Williams LLP The Frick Building 437 Grant Street, Suite 1001 Pittsburgh, PA 15219 "s"/ Andrew J. Soven

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