DRW-LLC v. Golden Harvest Holdings, Inc.

937 F. Supp. 2d 1307, 2013 WL 1296075, 2013 U.S. Dist. LEXIS 44528
CourtDistrict Court, D. Oregon
DecidedMarch 28, 2013
DocketNo. 3:12-CV-01009-BR
StatusPublished

This text of 937 F. Supp. 2d 1307 (DRW-LLC v. Golden Harvest Holdings, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DRW-LLC v. Golden Harvest Holdings, Inc., 937 F. Supp. 2d 1307, 2013 WL 1296075, 2013 U.S. Dist. LEXIS 44528 (D. Or. 2013).

Opinion

OPINION AND ORDER

BROWN, District Judge.

This matter comes before the Court on the Motion (# 15) to Dismiss for Lack of Personal Jurisdiction or Alternatively to Change Venue filed by Defendants Disability Access Consultants LLC (DA Consultants LLC) and Barbara Thorpe and joined by Defendant Disability Access Corporation (DA Corporation) in its Notice (# 41) of Joinder,1 the Evidentiary Objections (#44) filed by Defendants Thorpe and DA Consultants LLC, and DRW-LLC’s Motion (# 46) to Strike the Supplemental Declaration of Defendant Barbara Thorpe.

On November 5, 2012, the Court heard oral argument on the pending Motions and continued the proceedings to March 6, 2013. The Court took the Motions under advisement on March 6, 2013.

For the reasons that follow, the Court GRANTS in part and DENIES in part the Motion (# 15) to Dismiss for Lack of Personal Jurisdiction or to Change Venue filed by DA Consultants LLC and Barbara Thorpe and joined (# 41) by DA Corporation.2 The Court DENIES the Evidentiary Objections (#44) filed by Thorpe and DA Consultants LLC in which they assert objections to portions of the Declaration of William Gollhofer and DENIES DRW-LLC’s Motion (# 46) to Strike the Supplemental Declaration of Barbara Thorpe.

BACKGROUND

DRW-LLC, an Oregon limited-liability company, alleges in its Second Amended Complaint that all named Defendants failed to pay DRW-LLC for field-inspection services that DRW-LLC rendered to them primarily in Southern California in February 2012. DRW-LLC asserts claims against Defendants based on breach of contract, promissory estoppel, quantum meruit, unjust enrichment, common-law indemnity, and fraud.

On July 4, 2012, DA Consultants LLC and Thorpe filed their Motion to Dismiss on the ground that the Court lacked personal jurisdiction over these Defendants. In the alternative, DA Consultants LLC and Thorpe moved for a change of venue. On July 27, 2012, DA Corporation joined in the Motion.

As noted, the Court initially heard oral argument on November 5, 2012, regarding Defendants’3 Motion to Dismiss or Alter[1312]*1312natively to Change Venue. The Court found the factual record was inadequate and directed the parties to participate in limited jurisdictional discovery, to file a Joint Statement of agreed jurisdictional facts, and to file any supplemental factual statements. After several continuances requested by the parties, oral argument was ultimately completed on March 6, 2013.

At the outset of the March 6, 2013, hearing the Court advised the parties that the Court would exercise its discretion by determining whether Plaintiff had made a sufficient prima facie showing of jurisdictional facts on the pending Motion to Dismiss or Alternatively to Change Venue and would consider those facts presented by the parties that the Court deemed admissible for purposes of personal jurisdiction and/or proper venue. See Doe v. Unocal Corp., 248 F.3d 915, 922 (9th Cir.2001).

STANDARDS

I. Motion to Dismiss for Lack of Personal Jurisdiction.

When “the existence of personal jurisdiction is challenged and the defendant appears specially to contest its presence in the jurisdiction, the plaintiff has the burden, to come forward with some evidence to establish jurisdiction.” Dist. Council No. 16 of Int’l Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 v. B & B Glass, Inc., 510 F.3d 851, 855 (9th Cir.2007)(citing Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir.2004)). “The court may consider evidence presented in affidavits to assist it in its determination and may order discovery on the jurisdictional issues.” Doe v. Unocal Corp., 248 F.3d at 922. See also Data Disc., Inc. v. Sys. Tech. Assoc., Inc., 557 F.2d 1280, 1285 (9th Cir.1977).

When, as here, the court rules on a defendant’s motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, the plaintiffs version of the facts, unless directly contravened, is taken as true, and the court must resolve factual conflicts in the parties’ affidavits in the plaintiffs favor. Harris Rutsky & Co. Ins. Serv., Inc. v. Bell & Clements Ltd., 328 F.3d 1122, 1129 (9th Cir.2003).

II. Change of Venue.

Under 28 U.S.C. § 1404(a), the district court may transfer any civil action “[f]or the convenience of the parties and witnesses, in the interests of justice.” The forum to which transfer of venue is sought must be a district court where the case “might have been brought.” Id. The court has discretion “to adjudicate motions to transfer according to ‘individualized, case-by-case consideration of convenience and fairness.’ ” Jones v. GNC Franchising, Inc., 211 F.3d 495, 498 (9th Cir.2000) (citation omitted). Among the factors the court must balance when considering a motion to transfer are the plaintiffs choice of forum, the parties’ contacts with the forum, the availability of compulsory process for unwilling witnesses, the relative ease of access to sources of proof such as witnesses and documents, and judicial economy. Id. at 498-99.

DA CONSULTANTS LLC AND THORPE’S EVIDENTIARY OBJECTIONS (#44)

In support of their pending Motion to Dismiss or Alternatively to Change Venue, Thorpe and DA Consultants LLC filed Evidentiary Objections (#44) to parts of the Declaration of William Gollhofer (the owner of DRW-LLC) that was filed in support of DRW-LLC’s Response to Defendants’ Motion. DRW-LLC, in turn, filed a Motion (# 46) to Strike (# 46) the Declaration of Defendant Barbara Thorpe filed in support of Defendants’ Motion.

[1313]*1313The parties had the opportunity to present and to argue all of their Objections at oral argument. The Court has reviewed the parties’ Evidentiary Objections and Motion to Strike and considers only that evidence that is admissible for purposes of determining whether this Court has personal jurisdiction over DA Consultants LLC, Thorpe, and DA Corporation and/or whether venue is proper, in the District of Oregon.

FINDINGS OF FACT

Based on the parties’ written memoranda, exhibits attached thereto, admissible evidence in the Declarations of the parties, and the arguments of counsel during the prima facie hearing, the Court finds the following facts by a preponderance of the evidence for purposes of determining whether DRW-LLC has established a prima facie basis for the Court to exercise personal jurisdiction in this matter and/or determining whether venue is proper in the District of Oregon:

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Cite This Page — Counsel Stack

Bluebook (online)
937 F. Supp. 2d 1307, 2013 WL 1296075, 2013 U.S. Dist. LEXIS 44528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drw-llc-v-golden-harvest-holdings-inc-ord-2013.