Source Network Sales & Marketing LLC v. Jiangsu Mega Motor Company
MEMORANDUM OPINION AND ORDER: The Court GRANTS BrilliantHome Corp and Xia Lin's 47 , 48 Motions to Dismiss for Lack of Personal Jurisdiction and DISMISSES Plaintiff's claims against them. Brilliant and Lin are therefore no longer parties to this case. (Ordered by Judge Jane J. Boyle on 10/20/2017) (axm)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
SOURCE NETWORK SALES &
MARKETING, LLC d/b/a LIFESMART, §
§ CIVIL ACTION NO. 3:16-CV-1202-B
JIANGSU MEGA MOTOR COMPANY, §
MEMORANDUM OPINION AND ORDER
Before the Court are Motions to Dismiss for Lack of Personal Jurisdiction filed by Brilliant
Home Corp and Xia Lin. Docs. 47, 48. For the reasons that follow, the Court GRANTS their
motions, and DISMISSES Plaintiff’s claims against them.
Plaintiffs bear the burden of establishing personal jurisdiction. Ham v. La Cienega Music Co.,
4 F.3d 413, 415 (5th Cir. 1993). To meet this burden, the plaintiff must make only a prima facie
showing. Freudensprung v. Offshore Tech. Servs., Inc., 379 F.3d 327, 342–43 (5th Cir. 2004). In
establishing personal jurisdiction for nonresidents, Plaintiffs must show that (1) the nonresident is
amenable to service of process under Texas’s long-arm statute and that (2) the assertion of
jurisdiction over the nonresident comports with the Due Process Clause of the United States
Constitution. Jones v. Petty-Ray Geophysical Geosource, Inc., 954 F.2d 1061, 1067 (5th Cir. 1992).
Because Texas’s long-arm statute has been held to extend to the limits of due process, the Court
need only determine whether jurisdiction over the defendant is constitutionally permissible. Id. at
1067–68. To meet the federal constitutional test of due process, two elements must be satisfied: (1)
the defendant must have purposefully availed itself of the benefits and protections of the forum state
by establishing “minimum contacts” with that state such that it would reasonably anticipate being
haled into court there; and (2) the exercise of jurisdiction over the defendant must not offend
traditional notions of fair play and substantial justice. Id. at 1068.
Brilliant and Lin do not reside in Texas and have established that they are not subject to this
Court’s jurisdiction because they lack minimum contacts with Texas. Brilliant was created in April
2016 and dissolved about a month later. Doc. 48, Brilliant’s Mot. to Dismiss, 5. During that month,
Brilliant’s only act of business was hosting an exhibit at a trade show in Las Vegas, Nevada. Id.
Brilliant has never done business in Texas, contracted with a Texas entity, or sold a product in
Texas. Id. Lin has been to Texas twice, but for reasons unrelated to Plaintiff’s suit. Doc. 47, Lin’s
Mot. to Dismiss, 3–4. Plaintiff has not responded to the motions and the time to do so has well
Accordingly, the Court GRANTS Brilliant and Lin’s motions, Docs. 47, 48, and
DISMISSES Plaintiff’s claims against them. Brilliant and Lin are therefore no longer parties to this
SIGNED: October 20, 2017.
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