Paul, Hastings, Janofsky & Walker, LLP v. City of Tulsa

245 F. Supp. 2d 1248, 2002 U.S. Dist. LEXIS 25618, 2002 WL 31989345
CourtDistrict Court, N.D. Georgia
DecidedSeptember 3, 2002
DocketCIV.A.1:02-CV1038BBM
StatusPublished
Cited by12 cases

This text of 245 F. Supp. 2d 1248 (Paul, Hastings, Janofsky & Walker, LLP v. City of Tulsa) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul, Hastings, Janofsky & Walker, LLP v. City of Tulsa, 245 F. Supp. 2d 1248, 2002 U.S. Dist. LEXIS 25618, 2002 WL 31989345 (N.D. Ga. 2002).

Opinion

ORDER

MARTIN, District Judge.

This case, alleging breach of contract for nonpayment of legal fees, is before the court on the City of Tulsa’s motion to dismiss for lack of personal jurisdiction and improper venue [Doc. No. 8-1]. In the alternative, the City of Tulsa seeks a transfer of venue to the Northern District of Oklahoma [Doc. No. 8-2].

I. Factual and Procedural Background

This lawsuit arises out of a legal services contract between the defendant, the City of Tulsa, Oklahoma (“Tulsa” or “the City”), and the plaintiff, the Atlanta office of Paul, Hastings, Janofsky and Walker (“Paul Hastings”). In 1994, the City of Tulsa was sued for race discrimination in a class action lawsuit in the United States District Court for the Northern District of Oklahoma. After three years of litigation, Tulsa contacted the Atlanta office of Paul *1252 Hastings to determine if the law firm could assist the City Attorney in connection with the discrimination lawsuit. On April 30, 1998, the parties solidified an agreement, and Tulsa hired Paul Hastings as co-counsel in the Oklahoma lawsuit.

The contract between Paul Hastings and Tulsa delineated specific tasks that Paul Hastings was to perform. Namely, Paul Hastings was to retain experts, prepare pleadings, and assist in discovery. The parties amended this agreement six times during the course of the representation, each time leaving the task provisions the same, but increasing the amount of fees Paul Hastings was permitted to incur.

Over the course of the four-year relationship between the parties, Paul Hastings had continuous contact with the City and performed a variety of functions. The City sent at least one hundred letters and e-mail messages to employees of Paul Hastings’ Atlanta office. These communications included payments and contract amendments. Paul Hastings also maintained the only complete set of court filings and correspondence with opposing counsel in the Atlanta office. Additionally, Paul Hastings complied with Tulsa’s directive to hire Atlanta-based contract attorneys and paralegals to aid in the Oklahoma litigation. Although the Paul Hastings attorneys performed the vast majority of the work for the Tulsa litigation in the Atlanta office, they traveled to Tulsa on a variety of occasions in connection with the lawsuit. Tulsa officials visited Atlanta on one occasion. This visit occurred five months after the representation contract was signed. At that point, two City Attorneys traveled to Atlanta for a demonstration of Paul Hastings’ computer and technological capabilities.

The relationship between the parties proceeded smoothly until August, 2001, when Tulsa discontinued payment for Paul Hastings’ services. Based on assurances that Tulsa simply needed time to work out budgetary problems, Paul Hastings continued representation until January, 2002. Having not received payment, Paul Hastings withdrew from the litigation.

On April 19, 2002, Paul Hastings filed suit in this court asserting breach of contract and other related theories to recover its fees and expenses in connection with the Tulsa litigation. Tulsa responded with a motion to dismiss for lack of personal jurisdiction and improper venue. In the alternative, Tulsa seeks a transfer of venue to the Northern District of Oklahoma. Tulsa claims that it has insufficient contacts with the State of Georgia to justify litigation in this forum.

In order to facilitate a ruling on Tulsa’s motion, the parties agreed to engage in limited discovery related to the jurisdictional issue. Based on five interrogatories and one request for production, Paul Hastings uncovered various connections between Tulsa and the State of- Georgia. First, Tulsa spent millions of dollars in Georgia for goods and services over the past seven years. Second, Tulsa sent a variety of employees to Atlanta for official business trips. Tulsa also collected taxes from Georgia residents and corporations. Finally, Tulsa contracted with agencies in the Atlanta area to advertise its city in different magazines.

With this discovery completed, the parties are ready for the court to rule on Tulsa’s motion. The court now considers Tulsa’s motion to dismiss for lack of personal jurisdiction and improper venue, or alternatively, to transfer venue to the Northern District of Oklahoma.

II. Motion to Dismiss for Lack of Personal Jurisdiction

A. Legal Standard

Defendant Tulsa contends that it is not subject to personal jurisdiction in *1253 Georgia and that Paul Hastings’ claim against it for breach of contract must be dismissed. Paul Hastings, as plaintiff, bears the burden of establishing jurisdiction in this court. Francosteel Corp. v. M/V Charm, 19 F.3d 624, 626 (11th Cir.1994). Where, as here, an evidentiary hearing is not held on a motion to dismiss for lack of personal jurisdiction, a plaintiff must establish a prima facie case of jurisdiction to survive a motion to dismiss. Id.; Allegiant Physicians Servs., Inc. v. Sturdy Mem’l Hosp., 926 F.Supp. 1106, 1112 (N.D.Ga.1996) (Hull, J.). Paul Hastings may establish a prima facie case by presenting sufficient evidence to withstand a motion for a directed verdict. Francosteel, 19 F.3d at 626. The court construes the allegations in the complaint as true to the extent that they are uncontroverted by defendant’s evidence. Morris v. SSE, Inc., 843 F.2d 489, 492 (11th Cir.1988). Where there are conflicts between the parties’ evidence, the court makes all reasonable inferences in favor of the plaintiff. Id.

In the Eleventh Circuit, a determination of personal jurisdiction requires consideration of both the Georgia long-arm statute and the Due Process Clause of the United States Constitution. Nippon Credit Bank Ltd. v. Matthews, 291 F.3d 738, 746 (11th Cir.2002); Robinson v. Giarmarco & Bill, 74 F.3d 253, 256 (11th Cir.1996). For diversity actions, a federal court has personal jurisdiction over a nonresident defendant only to the extent permitted by the forum state’s long-arm statute. Nippon Credit Bank, 291 F.3d at 746. Although there has been some disagreement as to whether the Georgia long-arm statute extends to the maximum extent of due process for all claims, the most recent case promulgated by the Eleventh Circuit on personal jurisdiction affirms that the Georgia long-arm statute confers jurisdiction to the “maximum extent permitted by due process.” Nippon Credit Bank, 291 F.3d at 746; see also Francosteel, 19 F.3d at 627.

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Bluebook (online)
245 F. Supp. 2d 1248, 2002 U.S. Dist. LEXIS 25618, 2002 WL 31989345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-hastings-janofsky-walker-llp-v-city-of-tulsa-gand-2002.