Genocide Victims of Krajina v. L-3 Services, Inc.

804 F. Supp. 2d 814, 2011 U.S. Dist. LEXIS 92113, 2011 WL 3625055
CourtDistrict Court, N.D. Illinois
DecidedAugust 17, 2011
DocketNo. 10 CV 5197
StatusPublished
Cited by5 cases

This text of 804 F. Supp. 2d 814 (Genocide Victims of Krajina v. L-3 Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Genocide Victims of Krajina v. L-3 Services, Inc., 804 F. Supp. 2d 814, 2011 U.S. Dist. LEXIS 92113, 2011 WL 3625055 (N.D. Ill. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, District Judge.

Milena Jovic and Zivka Mijic bring this putative class action on behalf of themselves and all others similarly situated (collectively, “Plaintiffs”), against L-3 Services, Inc. (“L-3”).1 (R. 26, Second Am. Compl.) Plaintiffs allege violations of the law of nations actionable under the Alien Torts Statute (“ATS”), 28 U.S.C. § 1350. (Id.) Presently before the Court is L-3’s motion to dismiss under Rules 12(b)(2) and 12(b)(3) of the Federal Rules of Civil Procedure or, in the alternative, to transfer venue under 28 U.S.C. § 1404(a). (R. 29, L-3’s Mot.) For the reasons stated below, L-3’s motion is denied.

RELEVANT FACTS

Military Professional Resources Inc. (“MPRI”) is a private military contractor currently operating as a division of L-3. (R. 26, Second Am. Compl. ¶ 14.) In 1988, MPRI was founded by a group of high-ranking American military officers. (Id.) According to Plaintiffs, in or about October 1994, MPRI negotiated an agreement to “train, and modernize as quickly as possible the Croatian Army into a competent fighting force able to invade the Krajina region and expel the ethnic Serbian population from Croatian territory.” (Id. ¶ 42.) Plaintiffs allege that MPRI staff assisted the Croatian Army in generating a plan, modeled after Operation Desert Storm in Iraq and known as Operation Storm, to attack the civilian, ethnic Serbian population of Krajina. (Id. ¶¶ 48-51.) On August 4, 1995, Croatian armed forces launched Operation Storm. Operation Storm sent approximately 150,000 Croatian troops supported by heavy artillery, mechanized armor, and air power into demilitarized zones in the Krajina region. (Id. ¶ 56.) During Operation Storm, thousands of ethnic Serbs were murdered and inhumanely treated and hundreds of thousands were displaced from the Krajina region. (Id. ¶ 1.) Plaintiffs allege that in addition to helping with planning and training for the attack, MPRI also moni[818]*818tored and assisted in the execution of Operation Storm. (Id. ¶¶ 75-76.)

Plaintiffs are survivors of Operation Storm. Milena Jovic fled Croatia and currently resides in Serbia. (Id. ¶¶ 2-6.) Zivka Mijic also fled during the offensive and currently resides in Illinois. (Id. ¶¶ 7-11.) Plaintiffs bring this action on behalf of the victims of Operation Storm and their heirs and next of kin, alleging that MPRI was complicit in genocide and aided and abetted a crime against humanity. (Id. ¶ 1.)

L-3 is a Delaware corporation with its principal place of business and company headquarters located in Alexandria, Virginia. (Id. ¶ 12.) L-3 is a wholly-owned subsidiary of L-3 Communications Corporation. (R. 31, Blair Cert. ¶ 2.) L-3 Communications Corporation and its parent, L-3 Communications Holdings, Inc., are headquartered in New York, New York. (Id. ¶ 9.) L-3 is licensed to do business in Illinois. (Id. ¶ 12.) In June of 2000, L-3 Communications, Corp., L-3’s parent, acquired MPRI. (R. 26, Second Am. Compl. ¶ 13.) In 2007, L-3 merged with MPRI. (Id.) MPRI is now an unincorporated division of L-3. (Id.)

PROCEDURAL HISTORY

On August 17, 2010, Plaintiffs initiated this class action against L-3 Communications Corp. and MPRI on behalf of all similarly situated victims of Operation Storm. (R. 1, Compl.) Plaintiffs amended their complaint on November 11, 2010. (R. 7, First Am. Compl.) On January 18, 2011, L-3 Communications Corp. and MPRI filed a motion to dismiss or, in the alternative, to transfer venue. (R. 18, L-3 Communications’ Mot.) On February 18, 2011, Plaintiffs moved for leave to file their Second Amended Complaint. (R. 22, Pis.’ Mot.) After the Court granted their motion and denied L-3 Communications Corp. and MPRI’s pending motion as moot, Plaintiffs filed their Second Amended Complaint (the “complaint”) naming L-3 Services, Inc., as the sole defendant on March 2, 2011. (R. 26, Second Am. Compl.) In their complaint, Plaintiffs assert five violations of international law cognizable under the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350: (1) complicity in genocide; (2) aiding and abetting forced population transfer; (3) aiding and abetting the plunder of property; (4) aiding and abetting the wanton destruction of cities, towns, and villages; and (5) aiding and abetting crimes against humanity. (R. 26, Second Am. Compl.)

On March 16, 2011, L-3 filed the present motion to dismiss or, in the alternative, to transfer venue. (R. 29, L-3’s Mot.) In this motion, L-3 asks the Court to dismiss this case under Rules 12(b)(2) and 12(b)(3), arguing that the Court lacks personal jurisdiction over L-3 and is the improper venue for this action. (Id.) In its supporting memorandum, L-3 argues that the Court lacks personal jurisdiction and is the improper venue for this complaint because L-3’s contacts with Illinois are merely isolated and sporadic. (R. 30, L-3’s Mem. at 3-6.) In the alternative, L-3 asks the Court to transfer this case to either the Southern District of New York or the Eastern District of Virginia pursuant to 28 U.S.C. § 1404(a). (R. 29, L-3’s Mot.) L-3 contends that either the Southern District of New York or the Eastern District of Virginia would be more convenient for the witnesses and parties involved and would better serve the public interest. (R. 30, L-3’s Mem. at 6-15.)

LEGAL STANDARDS

Rule 12(b)(2) of the Federal Rules of Civil Procedure provides for dismissal where a court lacks personal jurisdiction over a party. Fed.R.Civ.P. 12(b)(2). Once the defendant moves to dismiss the [819]*819complaint under Rule 12(b)(2) for lack of personal jurisdiction, the plaintiff bears the burden of demonstrating the existence of jurisdiction. Purdue Research Found. v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 782 (7th Cir.2003) (citations omitted). In ruling on a motion to dismiss pursuant to Rule 12(b)(2), a court may consider matters outside of the pleadings. See id. When a court rules on a personal jurisdiction issue based on the submission of written materials, the plaintiff must make out a prima facie case of personal jurisdiction. Id. (citing Hyatt Int’l Corp. v. Coco, 302 F.3d 707, 713 (7th Cir.2002)). In evaluating whether the prima facie standard has been satisfied, the plaintiff is entitled to the resolution in its favor of all disputes concerning relevant facts presented in the record. Id. (citing Nelson v. Park Indus., Inc., 717 F.2d 1120, 1123 (7th Cir.1983)).

Rule 12(b)(3) provides that a party may move to dismiss based on improper venue. Fed.R.Civ.P.

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804 F. Supp. 2d 814, 2011 U.S. Dist. LEXIS 92113, 2011 WL 3625055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genocide-victims-of-krajina-v-l-3-services-inc-ilnd-2011.