Pelchat v. Sterilite Corp.

CourtDistrict Court, D. New Hampshire
DecidedMarch 28, 1996
DocketCV-95-225-SD
StatusPublished

This text of Pelchat v. Sterilite Corp. (Pelchat v. Sterilite Corp.) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pelchat v. Sterilite Corp., (D.N.H. 1996).

Opinion

Pelchat v . Sterilite Corp. CV-95-225-SD 03/28/96 P UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Katherine J. Pelchat

v. Civil N o . 95-225-SD

Sterilite Corporation

O R D E R

In this civil action, plaintiff Katherine J. Pelchat alleges claims of wrongful discharge, negligent infliction of emotional distress, and violation of the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601, et seq. (Supp. 1995), 1 against her former employer, defendant Sterilite Corporation. Plaintiff additionally seeks an award of enhanced compensatory damages.

The court is vested with subject matter jurisdiction over these matters based on diversity of citizenship, 28 U.S.C. § 1332(a)(1), and the federal question at issue, 28 U.S.C. § 1331.

Presently before the court is defendant's motion to dismiss based on lack of personal jurisdiction, to which plaintiff has objected. In the alternative, defendant seeks transfer of this

1 Defendant has indicated its assent to plaintiff's motion to amend the complaint to specifically include an alleged violation of the FMLA as a free-standing claim. In the face of such assent, said motion (document 11) is herewith granted. action pursuant to 28 U.S.C. § 1404(a), a measure of relief to

which plaintiff similarly objects. The court has further

considered defendant's reply memorandum.

Background

Plaintiff, a New Hampshire resident, was employed by

defendant, a Massachusetts corporation with its principal place

of business in Townsend, Massachusetts, as a personnel assistant

from May 1989 until her termination on April 1 8 , 1994.

Plaintiff became pregnant in 1993 and gave birth two months

prematurely on February 5 , 1994. Complaint ¶¶ 8-9. Although

plaintiff was discharged from the hospital on February 7 , id. ¶

1 1 , her baby remained in the hospital until March 2 , id. ¶ 1 2 .

Utilizing defendant's leave benefits and those afforded by the

FMLA, Pelchat returned to work on April 1 8 , 1994. Affidavit of

Katherine Pelchat ¶ 14 (attached to Plaintiff's Objection).

Plaintiff alleges that while she was on leave her supervisor

continuously telephoned her in New Hampshire regarding employment

issues and that he made harassing and inappropriate comments.

Id. ¶¶ 18-20. The content of defendant's telephone calls to

plaintiff allegedly included: requesting plaintiff to return to

work before the baby was released from the hospital; requesting

plaintiff to put a computer in her hospital room so she could

2 work while on leave; making derogatory comments to plaintiff

regarding her leave; calling plaintiff for assistance regarding a

work-related issue; and stating, "must be nice not to have to

wake up in the middle of the night," regarding the baby's

remaining in the hospital, a comment plaintiff thought

inappropriate. Id. On April 1 8 , plaintiff returned to her employment and worked a full eight hours, but was terminated at the end of the day, Complaint ¶ 1 7 , for an alleged "failure to meet the minimum standards of her job," Defendant's Memorandum of Law at 3 .

Discussion

1. Personal Jurisdiction Standard

"Personal jurisdiction implicates the power of a court over

a defendant." Foster-Miller, Inc. v . Babcock & Wilcox Can., 46

F.3d 1 3 8 , 143 (1st Cir. 1995). "In a federal court, both its

source and its outer limits are defined exclusively by the

Constitution." Id.

"When a court's jurisdiction is contested, the plaintiff

bears the burden of proving that jurisdiction lies in the forum

state." Sawtelle v . Farrell, 70 F.3d 1381, 1387 (1st Cir. 1995)

(citing McNutt v . General Motors Acceptance Corp., 298 U.S. 1 7 8 ,

189 (1936)). Where, as here, there has been no evidentiary

3 hearing, a plaintiff is required to make a prima facie showing of

personal jurisdiction by submitting "evidence that, if credited,

is enough to support findings of all facts," Boit v . Gar-Tec

Prods., Inc., 967 F.2d 6 7 1 , 675 (1st Cir. 1992), "required to

satisfy 'both the forum's long-arm statute and the due process

clause of the Constitution,'" id. (quoting U.S.S. Yachts, Inc. v . Ocean Yachts, Inc., 894 F.2d 9, 11 (1st Cir. 1990)). This "prima

facie showing of personal jurisdiction must be based on evidence

of specific facts set forth in the record." Id. (citing Kowalski

v . Doherty, Wallace, Pillsbury & Murphy, 787 F.2d 7 , 9 (1st Cir.

1986)).

When reviewing the record before i t , the court "may consider

pleadings, affidavits, and other evidentiary materials without

converting the motion to dismiss to a motion for summary

judgment." Kopf v . Chloride Power Elecs., Inc., 882 F. Supp.

1183, 1192 (D.N.H. 1995) (quoting Lex Computer & Management Corp.

v . Eslinger & Pelton, P.C., 676 F. Supp. 399, 402 (D.N.H. 1987))

(quotation marks and citation omitted). The court will, however,

construe plaintiff's written allegations of jurisdictional facts

in her favor. Id. (citing Kowalski, supra, 787 F.2d at 9 ) (citation omitted). 2

2 The court declines, at this juncture, to rule on the issue of which state's law, either New Hampshire or Massachusetts, will here apply. Irrespective of such determination, the court pauses

4 "[T]he extent of the required jurisdictional showing by a

plaintiff depends upon whether the litigant is asserting jurisdiction over a defendant under a theory of 'general' or 'specific' jurisdiction." Sawtelle, supra, 70 F.3d at 1387 n.3 (citing Ticketmaster-N.Y., Inc. v . Alioto, 26 F.3d 2 0 1 , 204 n.3 (1st Cir. 1994)). 3 Specific jurisdiction turns on a "plaintiff's ability to satisfy two cornerstone conditions: 'first, that the forum in which the federal district court sits has a long-arm statute that purports to grant jurisdiction over the defendant; and second, that the exercise of jurisdiction pursuant to that statute comports with the strictures of the constitution.'"

to note that to the extent plaintiff's other substantive claims are, in all likelihood, barred, see Smith v . F.W. Morse & Co., 76 F.3d 413, 429 (1st Cir. 1996) (existence of statutory remedy precludes common law claim for wrongful discharge) (applying New Hampshire l a w ) , and Miller v . CBC Cos., Inc., 908 F. Supp. 1054, 1068 (D.N.H. 1995) (emotional distress claims barred by workers' compensation law) (applying New Hampshire l a w ) ; Clarke v . Kentucky Fried Chicken, Inc., 57 F.3d 2 1 , 27-29 (1st Cir. 1995) (same) (applying Massachusetts l a w ) , only plaintiff's federal claim will be considered in undertaking the jurisdictional analysis.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jones v. Securities & Exchange Commission
298 U.S. 1 (Supreme Court, 1936)
Piper Aircraft Co. v. Reyno
454 U.S. 235 (Supreme Court, 1982)
Keeton v. Hustler Magazine, Inc.
465 U.S. 770 (Supreme Court, 1984)
Rodgers v. American Honda Motor Co.
46 F.3d 1 (First Circuit, 1995)
Smith v. F.W. Morse Co., Inc.
76 F.3d 413 (First Circuit, 1996)
Honeywell, Inc. v. Metz Apparatewerke
509 F.2d 1137 (Seventh Circuit, 1975)
U.S.S. Yachts, Inc. v. Ocean Yachts, Inc.
894 F.2d 9 (First Circuit, 1990)
Dakota Industries, Inc. v. Dakota Sportswear, Inc.
946 F.2d 1384 (Eighth Circuit, 1991)
United States v. Thomas J. Curran
967 F.2d 5 (First Circuit, 1992)
The Akro Corporation v. Ken Luker
45 F.3d 1541 (Federal Circuit, 1995)
Arthur F. Sawtelle, Etc. v. George E. Farrell
70 F.3d 1381 (First Circuit, 1995)
Associated Press v. United States
326 U.S. 1 (Supreme Court, 1945)
Miller v. CBC Companies, Inc.
908 F. Supp. 1054 (D. New Hampshire, 1995)
Kopf v. Chloride Power Electronics, Inc.
882 F. Supp. 1183 (D. New Hampshire, 1995)
Lex Computer & Management Corp. v. Eslinger & Pelton, P.C.
676 F. Supp. 399 (D. New Hampshire, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
Pelchat v. Sterilite Corp., Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelchat-v-sterilite-corp-nhd-1996.