Dickson v. Hawker-Siddeley Power Engineering, Inc.

763 F. Supp. 1006, 1991 U.S. Dist. LEXIS 12424, 1991 WL 84433
CourtDistrict Court, W.D. Arkansas
DecidedFebruary 21, 1991
DocketCiv. No. 90-6086
StatusPublished

This text of 763 F. Supp. 1006 (Dickson v. Hawker-Siddeley Power Engineering, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickson v. Hawker-Siddeley Power Engineering, Inc., 763 F. Supp. 1006, 1991 U.S. Dist. LEXIS 12424, 1991 WL 84433 (W.D. Ark. 1991).

Opinion

MEMORANDUM OPINION

OREN HARRIS, Senior District Judge.

Before the court is defendant’s motion to dismiss pursuant to Fed.R.Civ.P. 12(b) or alternatively, motion to transfer venue. Plaintiff has responded to the motion.

Plaintiff brought his complaint against the defendant on September 26,1990, alleging wrongful employment termination, breach of contract, and intentional infliction of emotional distress. Defendant filed these motions in response to the complaint, rather than file an answer. Defendant contends that the complaint fails to establish that this court has in personam jurisdiction over the defendant (Fed.R.Civ.P 12(b)(2)); fails to state a claim upon which relief can be granted (Fed.R.Civ.P. 12(b)(6)); and fails to establish that venue is proper in this court (Fed.R.Civ.P. 12(b)(3)).

The pertinent facts are undisputed. Plaintiff is an Arkansas resident. Defendant is a Delaware corporation engaged in the manufacture of aircraft and aircraft parts; its principal place of business is in Houston, Texas. Apparently, sometime in 1989, plaintiff sent resumes to several companies looking for employment opportunities. On November 13, 1989, plaintiff received a telephone call from Greg Coker, an employee of the defendant, regarding employment.1 Plaintiff states Mr. Coker [1008]*1008recited a brief job description, the terms of pay, and daily expense pay (per diem) of the potential job. Plaintiff accepted employment with defendant on November 27, 1989.

Plaintiff reported to work at the job site in Hartford, Connecticut on December 4, 1989. At that time, he completed and signed the employment application papers. After commencing work, plaintiff found that the per diem pay would be lower than what he originally believed. He checked with several employees of the defendant regarding the per diem discrepancies, but received no adequate reply. In January, 1990, plaintiff wrote a letter to his supervisor pointing out areas in which the company was deficient. Plaintiff was notified by a letter dated January 81, 1990, that he had been terminated from the defendant’s employ as of February 2, 1990, for “disruptive behavior.”

Plaintiff brought suit in this court on the basis of diversity of citizenship and amount in controversy. 28 U.S.C. § 1332. Defendant has filed a motion to dismiss for lack of in personam jurisdiction (Fed.R.Civ.P. 12(b)(2)), among other things. The court will address the issue of in personam jurisdiction before confronting defendant’s other basis for dismissal or its motion to transfer venue.

In diversity actions, a federal court possesses jurisdiction over a nonresident defendant to the extent permitted by the long arm statute of the forum state. Mountaire Feeds, Inc. v. Agro Impex, S.A., 677 F.2d 651, 653 (8th Cir.1982); Prejean v. Sonatrach, Inc., 652 F.2d 1260, 1264 n. 2 (5th Cir.1981); Fed.R.Civ.P. 4(d)(7) & (e).2 “Although the reach of the state long arm statute is a question of state law and federal courts are required to accept the interpretation given the statute by the state supreme court, the extent to which the reach of the long arm statute is limited by due process is a question of federal law.” Mountaire Feeds, 677 F.2d at 653; citing Iowa Electric Light & Power Co. v. Atlas Corp., 603 F.2d 1301, 1303 (8th Cir.1979), cert. denied 445 U.S. 911, 100 S.Ct. 1090, 63 L.Ed.2d 327 (1980). The Arkansas Supreme Court has interpreted the reach of the Arkansas long arm statute to be coextensive with that permitted by due process. Nix v. Dunavant, 249 Ark. 641, 460 S.W.2d 762 (1970).

The court’s inquiry consists of two parts. First, the court must decide whether the facts presented satisfy the requirements of Arkansas’s long arm statute. Second, the court must determine if the exercise of personal jurisdiction is consistent with due process. Mountaire Feeds, supra; Hawes v. Honda Motor Co., Ltd., 738 F.Supp. 1247 (E.D.Ark.1990).

Since the complaint alleges tortious conduct and breach of contract by defendant, the court will construe the applicable sections of the Arkansas long arm statute. Those sections read as follows:

C. PERSONAL JURISDICTION BASED UPON CONDUCT

1. A court may exercise personal jurisdiction over a person,3 who acts directly or by an agent, as to a (cause of action) (claim of relief) arising from the person’s:
(a) Transacting any business in the state;
(d) Causing tortious injury in this State by an act or omission outside this state if he regularly does or solicits business, or engages in any other persistent course of conduct in this state or derives substantial revenue from [1009]*1009goods consumed or services used in this state; ...

Ark.Code Ann. § 16-4-101(C)(l)(a) & (d).

The record reveals that the defendant has no offices, agents, or property in Arkansas. The defendant is not licensed to conduct business in Arkansas, and contends it does not do so. At no time did any employee or representative of defendant come to Arkansas to deal with plaintiff. The only person-to-person dealings between plaintiff and defendant occurred in Connecticut. All other dealings were by telephone.

With respect to subsection (a) of the long arm statute, it is clear that defendant’s activities did not rise to the status of transacting any business in this state. See Roger N. Joyce & Assoc., Inc. v. Paoli Steel Corp., 491 F.Supp. 1095 (E.D.Ark.1980). Nor can it be said that the statutory language of subsection (d), regarding tortious conduct, has been met. There is no allegation that defendant “regularly does or solicits business, or engages in any other persistent course of conduct in this state or derives substantial revenue from goods consumed or services used in this state” as required by subsection (d).

Even if the long arm statutory language had been satisfied by defendant’s activities, the latter did not constitute the “minimum contacts” with the State of Arkansas for purposes of the Fourteenth Amendment. When analyzing the due process boundaries of personal jurisdiction, the focus is on the relationship between the defendant, the forum, and the litigation. Land-O-Nod Co. v. Bassett Furniture In-dust., Inc., 708 F.2d 1338, 1340 (8th Cir.1983).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hanson v. Denckla
357 U.S. 235 (Supreme Court, 1958)
Mary Jean Prejean v. Sonatrach, Inc.
652 F.2d 1260 (Fifth Circuit, 1981)
Nix v. Dunavant
460 S.W.2d 762 (Supreme Court of Arkansas, 1970)
Roger N. Joyce & Associates, Inc. v. Paoli Steel Corp.
491 F. Supp. 1095 (E.D. Arkansas, 1980)
Hawes v. Honda Motor Co., Ltd.
738 F. Supp. 1247 (E.D. Arkansas, 1990)
Aaron Ferer & Sons Co. v. Diversified Metals Corp.
564 F.2d 1211 (Eighth Circuit, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
763 F. Supp. 1006, 1991 U.S. Dist. LEXIS 12424, 1991 WL 84433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-hawker-siddeley-power-engineering-inc-arwd-1991.