Duell ex rel. D.D. v. Kawasaki Motors Corp.

962 F. Supp. 2d 723, 2013 WL 3989563, 2013 U.S. Dist. LEXIS 108429
CourtDistrict Court, D. New Jersey
DecidedAugust 1, 2013
DocketCivil No. 12-7273 (JBS/AMD)
StatusPublished
Cited by3 cases

This text of 962 F. Supp. 2d 723 (Duell ex rel. D.D. v. Kawasaki Motors Corp.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duell ex rel. D.D. v. Kawasaki Motors Corp., 962 F. Supp. 2d 723, 2013 WL 3989563, 2013 U.S. Dist. LEXIS 108429 (D.N.J. 2013).

Opinion

OPINION

SIMANDLE, Chief Judge.

I. INTRODUCTION

This matter comes before the Court on a motion to dismiss for lack of personal jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(2), brought by Defendant East Coast Cycles, Inc., a Delaware corporation whose principal place of business is also in Delaware. [Docket Item 11]. This case arises from a motorcycle accident allegedly caused by a defective throttle mechanism assembled by Defendant East Coast Cycles (“East Coast”). Because East Coast (1) conducts business with residents of New Jersey via the Internet, (2) knowingly conducts significant business with residents of New Jersey through the Powers-ports East showroom, (3) targets residents of New Jersey through its website and social media, and (4) advertises in a regional publication distributed in New Jersey, the Court concludes it has personal jurisdiction over the moving Defendant. Therefore, the Court will deny East Coast’s motion to dismiss.

II. BACKGROUND

The facts of this case are drawn from the Amended Complaint and are accepted as true for the purposes of this motion. Defendant East Coast Cycles operates a regional motorcycle store, Powersports East, at 620 Pulaski Highway in Bear, Delaware, which sells multiple brands of motorcycles and power equipment. (Am. Compl. [Docket Item 3] at 2; Def. Opp’n at 1.) Defendant is an authorized dealer of Kawasaki motorcycles. (Am. Compl. ¶ 2.) East Coast does not have, and has never had, any employees, sales representatives, other agents based in New Jersey, nor does it have a place of business in New Jersey. (Lynn Nathan First Aff. ¶¶ 7-11.)

On November 18, 2010, Plaintiffs Douglas and Heather Duell, New Jersey residents, purchased a new Kawasaki motorcycle from East Coast as a Christmas present for their minor son, who is identified in this litigation by his initials “D.D.” (Am. Compl. ¶¶ 1, 3.) Plaintiffs did not [727]*727operate or modify the motorcycle between the time of purchase and Christmas Day. (Id. ¶ 4.) D.D. first operated the motorcycle on December 25, 2010, at which time an accident occurred, injuring D.D. (Id. ¶ 1.)

On November 26, 2012, Plaintiffs commenced this action against Defendants East Coast Cycles, Kawasaki Motors Corp., U.S.A., and others, alleging that East Coast negligently assembled the motorcycle’s throttle mechanism, causing D.D. to crash the bike and sustain serious and permanent injuries. (Id. ¶¶ 1, 5, 8.)

East Coast filed a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction. Co-defendant Kawasaki and the Duells oppose the motion and have mustered evidence through certifications and documents supporting the exercise of personal jurisdiction in New Jersey over East Coast.

III. JURISDICTION

The court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a). Section 1332(a) confers jurisdiction over matters where the amount in controversy exceeds $75,000 and all parties are citizens of different states. § 1332(a).

Here, Plaintiffs are citizens of New Jersey. East Coast is a Delaware corporation with its principal place of business in Delaware. (Am. Compl. at 2.) Kawasaki is a Delaware corporation with its principal place of business in California. (Kawasaki Answer to Am. Compl. [Docket Item 7] at 1.) Plaintiffs assert that the monetary damages in this case exceed $100,000. (Am. Compl. at 4.) Therefore, there is complete diversity of citizenship and the amount in controversy is greater than $75,000. This court has subject matter jurisdiction.

IV. STANDARD OF REVIEW

When reviewing a motion to dismiss, the district court “must accept the plaintiffs allegations as true and construe disputed facts in favor of the plaintiff.” Machulsky v. Hall, 210 F.Supp.2d 531, 537 (D.N.J.2002) (citing Carteret Savings Bank, FA v. Shushan, 954 F.2d 141, 142 n. 1 (3d Cir.1992)). To defeat a motion to dismiss for lack of personal jurisdiction, “the plaintiff bears the burden of establishing with reasonable particularity sufficient contacts between the defendant and the forum state to support jurisdiction.” Flagship Interval Owner’s Ass’n, Inc. v. Philadelphia Furniture Mfg. Co., No. 09-1173, 2010 WL 1135736, at *3 (D.N.J. Mar. 22, 2010) (quoting Provident Nat’l Bank v. Cal. Fed. Sav. & Loan Ass’n, 819 F.2d 434, 437 (3d Cir.1987)). The plaintiff “must sustain its burden of proof in establishing jurisdictional facts through sworn affidavits or other competent evidence.” Turner v. Boyle, No. 12-7224, 2013 WL 1409903, at *3 n. 1 (D.N.J. Apr. 8, 2013) (citing Time Share Vacation Club v. Atlantic Resorts, Ltd., 735 F.2d 61 (3d Cir.1984)); Patterson by Patterson v. F.B.I., 893 F.2d 595, 603-04 (3d Cir.1990). Courts may rely upon matters outside the pleadings to determine jurisdictional facts. Turner, 2013 WL 1409903, at *3 n. 1.

Where, as here, no evidentiary hearing was held on the jurisdictional issue, “the plaintiff[s] need only establish a prima facie case of personal jurisdiction and the plaintifffs] [are] entitled to have [their] allegations taken as true and all factual disputes drawn in [their] favor.” O’Connor v. Sandy Lane Hotel Co., Ltd., 496 F.3d 312, 316 (3d Cir.2007) (quoting Miller Yacht Sales, Inc. v. Smith, 384 F.3d 93, 97 (3d Cir.2004)).1 A plaintiff “may [728]*728meet this burden by establishing that the court has either ‘general’ or ‘specific’ jurisdiction.” Merco, Inc. v. S. Cal. Edison Co., No. 06-5182, 2007 WL 1217361, at *3 (D.N.J. Apr. 24, 2007) (citing Provident Nat’l Bank, 819 F.2d at 437). The Court can exercise specific jurisdiction when the defendant purposely directs its activities at the forum, the litigation arises out of at least one of those activities, and the exercise of jurisdiction would “comport with ‘fair play and substantial justice.’ ” O’Connor, 496 F.3d at 317 (quoting Burger King v. Rudzewicz, 471 U.S. 462, 463, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)). If a defendant maintains “continuous and substantial” forum contacts, general jurisdiction can be exercised. Id. at 321.

y. DISCUSSION

Rules 4(e) and 4(h) of the Federal Rules of Civil Procedure permit a district court to assert personal jurisdiction over a non-resident corporate defendant to the extent the forum state allows. See Fed. R.Civ.P. 4(e)(1) (stating an individual may be served “following state law for serving a summons ... in the state where the district court is located”); Fed.R.Civ.P.

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962 F. Supp. 2d 723, 2013 WL 3989563, 2013 U.S. Dist. LEXIS 108429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duell-ex-rel-dd-v-kawasaki-motors-corp-njd-2013.