Hufnagel v. Ciamacco

281 F.R.D. 238, 2012 WL 954641, 2012 U.S. Dist. LEXIS 37320
CourtDistrict Court, W.D. Pennsylvania
DecidedMarch 20, 2012
DocketCivil Action No. 11-00611
StatusPublished
Cited by7 cases

This text of 281 F.R.D. 238 (Hufnagel v. Ciamacco) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hufnagel v. Ciamacco, 281 F.R.D. 238, 2012 WL 954641, 2012 U.S. Dist. LEXIS 37320 (W.D. Pa. 2012).

Opinion

MEMORANDUM OPINION

NORA BARRY FISCHER, District Judge.

I. INTRODUCTION

This is a diversity action wherein Plaintiff Ronni Hufnagel (“Hufnagel”) has brought suit against Defendants DeLena Ciamacco (d/b/a The Friesian Empire and Equine Center) (“Ciamacco”) and Matt Bryner (“Bryner”) alleging breach of contract, negligence and contractual duty to a third party. These claims arise out of Ciamacco’s and Bryner’s1 conduct with regard to the care and training of Hufnagel’s Friesian horses (Docket No. 38 at ¶¶ 4, 19, 21). Hufnagel targets Ciamacco for her alleged failure to properly maintain the horses’ caloric intake and general health. [241]*241Hufnagel’s breach of contractual duty to a third-party beneficiary, is based on Ciamaeco’s alleged contract with Bryner to care for Hufnagel’s horses. (Id. at ¶¶ 27-41). Hufnagel is a resident of Pennsylvania (Id. at ¶ 1), Ciamacco is a resident of Ohio (Id. at ¶2) and Bryner is currently a resident of Maryland (Id. at ¶ 3). Thus, there is complete diversity between the parties. Hufnagel seeks an amount in excess of $75,000.00 plus interest and court costs from Ciamacco. (Id. at ¶¶ 27-35).

Presently before the Court is a jurisdictional dispute concerning Ciamacco’s argument that this Court lacks personal jurisdiction over her, such that Hufnagel’s claims should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(2). For the reasons that follow, this Court finds that it does not have personal jurisdiction over Ciamaceo and grants the motion, in part. However, rather than dismiss the case outright, the Court will exercise its discretion and transfer this matter to the United States District Court for the Southern District of Ohio.

II. PROCEDURAL BACKGROUND

On July 8, 2011, Ciamacco filed a Motion to Dismiss Pursuant to 12(b)(2) (Docket No. 5), as well as a Brief in Support of her Motion to Dismiss and to Transfer Venue to the Southern District of Ohio (Docket No. 6).2 In response, on July 29, 2011, Hufnagel filed a Brief in Opposition to Ciamacco’s Motion to Dismiss and to Transfer Venue (Docket No. 8) as well as an Affidavit of Ronni Hufnagel (Docket No. 9). Given same, this Court entered an Order on August 2, 2011, denying the Motion to Dismiss, without prejudice and permitting limited discovery for the purpose of establishing whether jurisdiction and venue properly lie with this Court. (Docket No. 10). As said limited discovery was to conclude on November 1, 2011, this Court scheduled Hearing and Oral Argument on the issue of jurisdiction and venue for November 3. 2011. (Id.). However, as a result of the parties’ Motion for Extension of same (Docket No. 24), said Hearing3 did not occur until December 8, 2011 (Docket No. 29).

During the December 8, 2011 evidentiary Hearing, the Court heard testimony from Ciamacco and Hufnagel and received nine exhibits.4 (Docket Nos. 29 and 29-1). The Court took the Motion to Dismiss5 under advisement, pending the submission of the parties’ competing Findings of Fact and Conclusions of Law. (Id.). Further, the Court ordered preparation of the transcript. (Id.). The Transcript having been prepared and filed (Docket No. 39), the parties filed their proposed findings of fact and conclusions of law. (Docket Nos. 47, 48, 50, 51). Thus, the parties’ dispute as to jurisdiction has been fully addressed and is now ripe for disposition. The Court now turns to its findings of fact. In determining the facts, the Court notes that both Hufnagel and Ciamacco presented credible testimony. See EBC, Inc. and State Steel Supply, Inc. v. Clark Building Systems, Inc., Civ. A. No. 05-1549, 2008 WL 4922107, at *9 (W.D.Pa. Nov. 13, 2008) (citing Parker v. Long Beach Mortgage Company, 534 F.Supp.2d 528, at 535-536 (E.D.Pa.2008)) (permitting the Court to assess the credibility of witnesses while resolving factual disputes).

III. FINDINGS OF FACT6

Ciamacco started The Friesian Empire and Equine Center (hereinafter “Friesian [242]*242Empire”) between 2000 and 2002. (Docket No. 39 at p. 6, In. 18). The Friesian Empire is located in Ohio. (Docket No. 38 at ¶ 2). Ciamacco has primarily dealt with Florida, Michigan, Illinois and New York residents in connection with the Friesian Empire for services which were rendered in Ohio. (Docket No. 39 at p. 41, Ins. 1-16; p. 42, Ins. 10-21). She also hosted two Keurings7 at the Friesian Empire and only three out of state residents attended. (Id. at p. 11, Ins. 20-21; p. 12, Ins. 7-8). Ciamacco has never conducted business in Pennsylvania (Id. at p. 10, Ins. 14-16) and has never had direct contact with Pennsylvania regarding the operation of the Friesian Empire. (Id. at p. 14, Ins. 14-18). She has only dealt with two other Pennsylvania residents in connection with the Friesian Empire for services which were rendered in Ohio. (Id. at p. 18, Ins. 1-8; p. 19, Ins. 13-18; p. 49, Ins. 1^4; 18-20). Indeed, Ciamacco testified that she had never even been to Pennsylvania before the December 8, 2011 Hearing. (Id. at p. 14, Ins. 14-18).

The Friesian Horse Association of North America (hereinafter “FHANA”) is a national organization, with members throughout the country. (Id. at p. 23, Ins. 17-19; p. 24, Ins. 1-3). In 2002, when Ciamacco began breeding horses, she placed a small advertisement (quarter of an inch to an inch by five inches) in the FHANA journal. (Id. at p. 9, Ins. 21-25; p. 10, Ins. 1-13). That 2002 advertisement is the only advertisement that Ciamacco has ever placed in the FHANA journal. (Id at p. 27, In. 22). FHANA also has a website, which contains a list of breeders and sellers. (Id. at p. 24, Ins. 21-23). Ciamacco testified that she should be listed on same because she pays FHANA an annual fee, which includes payment for such a listing. (Id. at p. 25, Ins. 2-5).

In addition, the Friesian Empire has a website. (Id. at p. 28, Ins. 2-3). The website does not have an online store yet, but it does advertise horses for sale and sells gift certificates for on-site lessons and parties. (Id. at p. 28, Ins. 8-17). The Friesian Empire has never sold gift certificates to out of state residents. (Id. at p. 28, Ins. 18-20). Further, Friesian Empire employees have advertised horses for sale on various other websites, including AGDirect.com, HorseClassified.com, DreamHorse.com and Equine, com. (Id at p. 28, Ins. 21-25; p. 29, Ins. 1-12). Indeed, Ciamacco testified that people from all over the country were trying to buy her Grand Reserve World Champion Tennessee Walker horse, which was ultimately sold to a Florida resident. (Id at p. 29, Ins. 18-20; p. 30, Ins. 18-20). Three other horses were sold to residents from Indiana, Louisiana and West Virginia. (Id at p. 31, Ins. 4-23; p. 33, Ins. 1-5; p. 33, Ins. 8-12).

When the Complaint was filed, Hufnagel was the owner of four Friesian horses, a type of show horse that can be valued at more than $1 million when well-bred, well-trained, and well-developed. (Docket No. 38 at ¶ 4).

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Bluebook (online)
281 F.R.D. 238, 2012 WL 954641, 2012 U.S. Dist. LEXIS 37320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hufnagel-v-ciamacco-pawd-2012.