Huveldt v. BMW North America LLC

Opinion

5 UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7

8 NATHAN HUVELDT, CASE NO. 2:23-cv-00355-RSL 9 Plaintiff, v. 10

11 JAKE SWEENEY CHEVEROLET- ORDER

IMPORTS, INC. (d/b/a JAKE SWEENEY 12 BMW and BMW OF CINCINNATI 13 NORTH),

14 Defendant. 15

16 This matter comes before the Court on “Plaintiff’s Motion for Default Judgment 17 Against Defendant Jake Sweeney Chevrolet-Imports, Inc. (d/b/a Jake Sweeney BMW and 18 BMW of Cincinnati North).” Dkt. # 29. Jake Sweeney Chevrolet-Imports, Inc. 19 (“Sweeney”) has not appeared in this action, and its default was entered on April 25, 2023. 20 Dkt. # 15. Having considered the motion, the supporting declarations, the remaining 21 record, and the applicable law, the Court finds as follows: 22 BACKGROUND 23 Plaintiff filed his complaint against Sweeney and two other defendants on March 24 10, 2023, alleging that defendants breached their contractual and statutory obligations 25 when they refused to repair plaintiff’s 2018 BMW Certified X6 M after it suffered an 26 engine failure during the warranty period. Sweeney is an Ohio corporation that sells and ORDER - 1 1 services luxury vehicles in Ohio. Dkt. # 1 at ¶ 8. Plaintiff, a Washington resident, 2 purchased his X6 M from Sweeney in Ohio. Dkt. # 1 at ¶¶ 6 and 10. 3 DISCUSSION 4 “When entry of judgment is sought against a party who has failed to plead or 5 otherwise defend, a district court has an affirmative duty to look into its jurisdiction over 6 both the subject matter and the parties.” In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). See 7 also Flores v. Flores, 590 F. Supp. 3d 1373, 1379 (W.D. Wash. 2022) (“Before entering 8 default judgment, the Court must confirm that it has both subject matter and personal 9 jurisdiction.”). Plaintiff does not allege, nor has he made a showing, that the Court has 10 personal jurisdiction over Sweeney. 11 CONCLUSION 12 There being no indication that the Court has either general or specific jurisdiction 13 over Sweeney, the Court lacks the power to adjudicate the claims asserted against that 14 defendant. The motion for default judgment is therefore DENIED. The Clerk of Court is 15 directed to close the case. 16

17 Dated this 5th day of June, 2024.

18 19 Robert S. Lasnik 20 United States District Judge 21 22 23 24 25 26 ORDER - 2