Bigelow v. Tom Garrett & Tom Garrett for Cong.

299 F. Supp. 3d 34
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 13, 2018
DocketCivil Action No. 17–1975 (PLF)
StatusPublished
Cited by25 cases

This text of 299 F. Supp. 3d 34 (Bigelow v. Tom Garrett & Tom Garrett for Cong.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bigelow v. Tom Garrett & Tom Garrett for Cong., 299 F. Supp. 3d 34 (D.C. Cir. 2018).

Opinion

PAUL L. FRIEDMAN, United States District Judge

Currently before the Court are two motions concerning the exercise of personal jurisdiction over defendants Tom Garrett and Tom Garrett for Congress.1 The first is defendants' Motion [Dkt. No. 6] to Dismiss for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, or in the Alternative, to Transfer Venue to the United States District Court for the Western District of Virginia Pursuant to 28 U.S.C. § 1404(a). The second is plaintiff Todd Bigelow's Motion [Dkt. No. 8] to Disqualify Christopher M. Woodfin as Counsel for Defendants, Stay Defendants' Motion to Dismiss or Transfer, and Order Jurisdictional Discovery. Upon consideration of the parties' papers, the relevant legal authorities, and the entire record in this case, the Court will grant the defendants' motion to dismiss or transfer. The Court concludes that it lacks personal jurisdiction over the defendants and that the interest of justice will be served by transferring the action to the United States District Court for the Western District of Virginia. As to Mr. *40Bigelow's motion to disqualify, stay defendants' motion to dismiss or transfer, and order jurisdictional discovery, the Court will deny the motion without prejudice to his filing a motion after transfer seeking to disqualify Mr. Woodfin or requesting jurisdictional discovery.

I. FACTUAL AND PROCEDURAL BACKGROUND

Todd Bigelow, a professional photographer and resident of California, owns the copyright for a photograph depicting individuals climbing a border fence. Complaint ¶¶ 1, 5-6. According to Mr. Bigelow, defendants Tom Garrett and his campaign committee, Tom Garrett for Congress (the "Committee"), used the photograph without permission to advertise Mr. Garrett's 2016 congressional campaign. Id. ¶ 6. Mr. Bigelow asserts that the defendants' actions constitute willful copyright infringement in violation of the Copyright Act, 17 U.S.C. § 101 etseq.Id. ¶¶ 8-10.

Mr. Garrett is a resident of Buckingham, Virginia and a sitting member of the U.S. House of Representatives representing the Fifth Congressional District of Virginia. MTD at 2. The Committee is registered in Virginia and has its principal place of business in Ruckersville, Virginia. Id. at 2, 8. It was organized with the Federal Election Commission in January 2016 to support Mr. Garrett's campaign and reach voters in Mr. Garrett's District. Id. at 2-3. Between January and September 2016, the Committee operated primarily in Ruckersville and Buckingham, Virginia, and maintained offices in various other locations in Virginia. Id. at 3. The Committee did not maintain offices or employ individuals in the District of Columbia. Id. at 3, 8; Woodfin Decl. ¶¶ 4-8.

Mr. Garrett and the Committee move to dismiss this action for lack of personal jurisdiction, arguing that they have insufficient contacts with the District of Columbia to support jurisdiction. In the alternative, they request that the Court transfer this action to the United States District Court for the Western District of Virginia. MTD at 1. Mr. Bigelow opposes the motion. MTD Opp. at 1-2. He also moves separately to disqualify Mr. Woodfin as counsel for defendants, stay defendants' motion to dismiss or transfer, and order jurisdictional discovery. Stay Mot. at 1. According to Mr. Bigelow, Mr. Woodfin should be disqualified under Rule 3.7 of the District of Columbia Rules of Professional Conduct because he is the Treasurer of the Committee and may be called to testify at trial. Id. at 1-3.2 Mr. Bigelow also requests jurisdictional discovery to "further tie defendants to the District of Columbia and this Court." Stay Mot. at 7; see ibr.US_Case_Law.Schema.Case_Body:v1">id. at 4-8. In addition, Mr. Bigelow asks the Court to stay defendants' motion to dismiss or transfer pending disposition of both his motion to disqualify and request for jurisdictional discovery. Id. at 4.

II. MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

Defendants assert that they are not subject to personal jurisdiction in the District of Columbia and that the complaint therefore should be dismissed under Rule 12(b)(2) of the Federal Rules of Civil Procedure. The plaintiff bears the burden of making a prima facie showing that the Court has personal jurisdiction over the *41defendant. Mwani v. bin Laden, 417 F.3d 1, 7 (D.C. Cir. 2005) ;

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299 F. Supp. 3d 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigelow-v-tom-garrett-tom-garrett-for-cong-cadc-2018.