Cioffi v. Gilbert Enterprises, Inc.

971 F. Supp. 2d 129, 2012 WL 6195772, 2012 U.S. Dist. LEXIS 175105
CourtDistrict Court, D. Massachusetts
DecidedDecember 11, 2012
DocketCivil Action No. 12-11376-FDS
StatusPublished
Cited by2 cases

This text of 971 F. Supp. 2d 129 (Cioffi v. Gilbert Enterprises, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cioffi v. Gilbert Enterprises, Inc., 971 F. Supp. 2d 129, 2012 WL 6195772, 2012 U.S. Dist. LEXIS 175105 (D. Mass. 2012).

Opinion

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS

F. DENNIS SAYLOR IV, District Judge.

This is a personal injury case arising out of an altercation between two female workers at a strip club in Providence, Rhode Island, known as Club Fantasies. Plaintiff Alison Cioffi alleges that she sustained a serious head injury when a fellow dancer at the club, Phonesavanh Phengthalangsy, smashed a glass over her head and face. She also alleges that defendant Gilbert Enterprises, Inc. failed to provide a safe and secure workplace. Subject matter jurisdiction is based on diversity of citizenship.

Defendant Gilbert Enterprises has moved to dismiss for three reasons: (1) that plaintiffs claims are barred by the statute of limitations; (2) that the Court does not have personal jurisdiction over Gilbert Enterprises pursuant to Fed. R.Civ.P. Rule 12(b)(2); and (3) that venue is improper pursuant to Fed.R.Civ.P. Rule 12(b)(3). For the reasons discussed below, the Court will withhold ruling on defendant’s motion to dismiss until the parties submit supplemental briefing on the ques[132]*132tion of whether the case should be dismissed or transferred to the District of Rhode Island.

I. Background

A. Factual Background
1. Cioffi’'s Emplogment and Injury

Plaintiff Alison Cioffi is a resident of Woburn, Massachusetts. (Compl. ¶ 1). She has worked as an “exotic dancer” for the past twenty years. (Cioffi Aff. ¶ 3). During that time, she has worked in nightclubs located in Massachusetts, Connecticut, New York, and Rhode Island. (Cioffi Aff. ¶4).

In the spring of 2009, Cioffi sought employment at a Providence nightclub. (Cioffi Aff. ¶ 16). She specifically targeted Providence nightclubs because of their reputation for having a large number of patrons and for being busy despite the economic downturn. (Cioffi Aff. ¶¶ 16-17). Cioffi alleges that such nightclubs had a reputation for attracting Massachusetts patrons in particular. (Cioffi Aff. ¶ 16).

Club Fantasies is a strip club in Providence, Rhode Island. In March 2009— when she was residing in Waltham, Massachusetts — Cioffi contacted one of the managers of Club Fantasies to ask about a job. (Cioffi Aff. ¶ 18). She informed him that she lived in Massachusetts. (Cioffi Aff. ¶ 19). She also informed him that, because of the long drive from her home in Wal-tham to Providence, she would only be interested in working night shifts at the club. (Id.). The manager asked her to come in for an audition. (Cioffi Aff. ¶¶ 19-20). Cioffi traveled to Providence for the audition, and was hired. Shortly thereafter, Cioffi began working at Club Fantasies. (Cioffi Aff. ¶ 22). She worked there for approximately two weeks. (Cioffi Aff. ¶ 27). Her last night of work was the night of the events giving rise to this lawsuit. (Compl. ¶ 8; Cioffi Aff. ¶ 27).

On April 19, 2009, Cioffi and Phonesa-vanh Phengthalangsy were both working as dancers at the club.1 (Cioffi Aff. ¶¶ 27-28). Cioffi alleges that she was sitting with a customer when Phengthalangsy rushed at her and smashed a glass into her head and face. (Compl. ¶ 8, Cioffi Aff. ¶ 28). Cioffi alleges that she suffered significant injuries from the attack, requiring reconstructive surgery and other treatment. (Compl. ¶ 9). Her recovery led her to miss work for a substantial period of time, resulting in a loss of wages. (Compl. ¶ 10).

2. The Contacts of Gilbert Enterprises with Massachusetts

Defendant Gilbert Enterprises, Inc., is a corporation organized under the laws of Rhode Island with a principal place of business in Providence, Rhode Island. (Keith Aff. ¶ 3). It is the operator of Club Fantasies. (Def. Br. at 1). Club Fantasies is the only business venture owned and operated by Gilbert Enterprises. (Keith Aff. ¶ 4).

Gilbert Enterprises has never owned or operated any business locations, offices, or real estate in Massachusetts. (Keith Aff. ¶ 5). Its employees work exclusively in Rhode Island, and perform no employment duties in Massachusetts. (Keith Aff. ¶ 8). It does not sell any products or services in Massachusetts, and does not direct any [133]*133promotions to Massachusetts residents. (Keith Aff. ¶ 9). It does not currently advertise in Massachusetts; however, the corporation did once place an advertisement in an entertainment periodical that was circulated in Boston. (Keith Aff. ¶ 10).2 The corporation also maintains a non-interactive website for Club Fantasies. (Keith Aff. ¶ 11).

Gilbert Enterprises is not registered with the Massachusetts Secretary of State as a foreign corporation doing business in Massachusetts, and has not appointed a resident agent for service of process in the state. (Keith Aff. ¶ 6). The corporation has never maintained a bank account or paid any taxes in Massachusetts. (Keith Aff. ¶ 6). It has no shareholders or assets in Massachusetts. (Keith Aff. ¶ 12).

Cioffi alleges that, in her estimation, half of the patrons she conversed with during her employment at Club Fantasies indicated that they were from Massachusetts. (Cioffi Aff. ¶¶ 23-24). In addition, she alleges that approximately half of the dancers and other employees at the nightclub were from Massachusetts. (Cioffi Aff. ¶ 25).

B. Procedural Background

On April 19, 2012, plaintiff filed a complaint against Gilbert Enterprises, Inc.; Doe d/b/a Club Fantasies; and Phonesa-vanh Phengthalangsy in Middlesex Superior Court. Plaintiff contends that she sustained personal injuries when she was assaulted by Phengthalangsy while working at Club Fantasies. She alleges that defendant Phengthalangsy assaulted her, and that Gilbert Enterprises failed to provide a safe and secure workplace. The case was removed to this Court by defendant Gilbert Enterprises on August 3.

There is no indication from this Court’s docket, nor from the docket, files, and records of the Middlesex Superior Court, that defendant Phonesavanh Phengtha-langsy has been served by plaintiff with a summons and complaint. On July 18, plaintiff was granted an additional 30 days in which to file service of process on Phengthalangsy. The case was removed shortly thereafter, and no proof of service has yet been filed with this Court.

Defendant Gilbert Enterprises has moved to dismiss under Fed.R.Civ.P. 12(b)(6), (2), and (3). It contends that plaintiffs claims are barred by the statute of limitations, and therefore fails to state a claim upon which relief can be granted. It also contends that this Court does not have personal jurisdiction over it and that venue is improper. For the reasons stated below, the Court will not reach the statute of limitations issue.

II. Standard of Review

The plaintiff bears the burden of showing that a court has personal jurisdiction over a defendant. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 50 (1st Cir.2002). A district court faced with a motion to dismiss under Rule 12(b)(2) may choose among several methods for determining whether the plaintiff has met its burden: the “prima facie”

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Bluebook (online)
971 F. Supp. 2d 129, 2012 WL 6195772, 2012 U.S. Dist. LEXIS 175105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cioffi-v-gilbert-enterprises-inc-mad-2012.