Phalisity Williams v. Direct Auto CDJR, LLC

CourtDistrict Court, N.D. Mississippi
DecidedMarch 13, 2026
Docket3:25-cv-00214
StatusUnknown

This text of Phalisity Williams v. Direct Auto CDJR, LLC (Phalisity Williams v. Direct Auto CDJR, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phalisity Williams v. Direct Auto CDJR, LLC, (N.D. Miss. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION

PHALISITY WILLIAMS PLAINTIFF V. CAUSE NUMBER: 3:25-cv-00214-JDM-RP DIRECT AUTO CDJR, LLC DEFENDANT

ORDER AND MEMORANDUM OPINION Plaintiff Phalisity Williams texted Defendant Direct Auto CDJR, LLC’s employee about a vehicle purchase. Though the conversation turned to credit inquiries, Williams alleges she did not authorize Direct Auto to make any. But according to Williams, Direct Auto made credit inquiries anyway. Williams alleges the unauthorized inquiries damaged her credit score and injured her. So she sued Direct Auto for violating the Fair Credit Reporting Act. [1] Direct Auto—a business located in the Southern District of Mississippi—answered. [5] And among its defenses, it claimed this Court lacks personal jurisdiction and that venue is improper in the Northern District of Mississippi. After conducting limited discovery, Direct Auto moved to dismiss Williams’s complaint for lack of personal jurisdiction and improper venue. [14] This Court finds Direct Auto is incorrect in its personal jurisdiction analysis. Direct Auto is a Mississippi entity. Thus, it is subject to general personal jurisdiction in Mississippi courts—

including the Northern District of Mississippi. But venue is a different story. Because Direct Auto allegedly harmed Williams through acts or omissions made from its location in the Southern District of Mississippi, venue in the Northern District is improper. Instead of granting dismissal, this Court finds transfer is the better remedy under the circumstances. Therefore, Direct Auto’s motion to dismiss for lack of personal jurisdiction or improper venue is DENIED in part and GRANTED in part. While this Court denies the request to dismiss, based on Direct Auto’s assertion of improper venue, the Court transfers this case to the Southern District of Mississippi, Northern Division.

Factual Background and Procedural History Based on her allegation that Direct Auto made credit inquiries after she revoked consent, Williams sued Direct Auto for violating the Fair Credit Reporting Act (FCRA), obtaining a credit report under false pretenses, failing to maintain procedures to avoid unauthorized disclosures, defamation, and invasion of privacy/intrusion upon seclusion. She invoked this Court’s subject matter jurisdiction based on the FCRA claim. And she claimed venue was proper in the Northern District of Mississippi because she suffered injury here. In its answer, Direct Auto conceded this Court’s subject matter jurisdiction.1 But it asserted as defenses lack of personal jurisdiction and improper venue. After participating in some discovery, Direct Auto moved to dismiss Williams’s complaint two months after it filed its answer.

In its motion, Direct Auto suggests this Court lacks personal jurisdiction because Direct Auto’s business is local to Scott County, Mississippi—within the Southern District. It claims it has not “purposefully avail[ed] itself of the privilege of conducting business in the Northern District.” For the same reason, it argues any alleged actions giving rise to Williams’s FCRA claim occurred only in the Southern District. So venue is improper in the Northern District. In response, Williams argues Direct Auto waived its jurisdiction and venue defenses by participating in discovery. She insists that Direct Auto, by not seeking a stay pending its dismissal

1 The Court also notes that it has supplemental jurisdiction over Williams’s state law claims because they “are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy[.]” 28 U.S.C. § 1367(a). motion, Direct Auto has consented to the Court’s jurisdiction.2 Williams also moved for leave to file a sur-reply to Direct Auto’s response in support of its motion. [20] But Williams has no right to file a sur-reply. 3 And because Direct Auto’s response only addresses Williams’s arguments, Williams motion for leave to file a sur-reply is DENIED.

Discussion I. Direct Auto did not waive its jurisdiction and venue defenses. As a threshold matter, before delving into Direct Auto’s personal jurisdiction and venue arguments, this Court must consider Williams’s proposition that Direct Auto waived these claims. According to Williams, Direct Auto’s participation in the litigation is inconsistent with its asserted jurisdiction and venue defenses. As she sees it, producing documents and corresponding for two months constitutes waiver. But Direct Auto initially preserved its defenses in its answer. And this Court does not find its minimal participation in discovery here is at odds with Direct Auto’s asserted defenses. A party may certainly plead lack of personal jurisdiction or improper venue in an answer.

But that does not always preclude waiver. Instead, “[w]hether venue or jurisdictional argument has been waived is a fact-intensive inquiry.” Farmer v. Synergy Refrigeration, Inc., No. 3:13-cv- 213-DPJ-FKB, 2014 WL 12622456 at *2 (S.D. Miss, Oct. 14, 2014) (citing Brokerwood Prods. Int’l (U.S.), Inc. v. Cuisine Crotone, Inc., 104 Fed. Appx. 376, 380-81 (5th Cir. 2004)). While

2 Over a month after moving to dismiss, Direct Auto moved to stay discovery pending a ruling on its motion to dismiss. [21] But the Court denied the motion to stay because Direct Auto waived the automatic stay provision of Uniform Local Civil Rule 16 and already participated in discovery for several months. [29] Furthermore, less than two months remained in the discovery period when Direct Auto moved to stay. So staying discovery at that time was inappropriate. 3 Parties have “no right to file a surreply and surreplies are heavily disfavored.” 21st Mortg. Corp. v. Lyndon S. Ins. Co., No. 2:23-cv-196-KS-MTP, 2024 WL 3069821 at *1 (S.D. Miss. June 20, 2024) (internal quotation marks omitted) (citing Butler v. S. Porter, 999 F.3d 287, 297 (5th Cir. 2021)). typically “parties who choose to litigate actively on the merits thereby surrender any jurisdictional objections[,]” PaineWebber Inc. v. Chase Manhattan Priv. Bank (Switz.), 260 F.3d 453, 459 (5th Cir. 2001), minimal activity may not require such objections be forfeited. Brokerwood, 104 Fed. Appx. at 380-81.

In Brokerwood, the Fifth Circuit found a defendant who participated in a scheduling conference, provided initial disclosers, filed a motion to strike the jury demand, and participated in discovery over a seven-month period did not participate to a level that would cause waiver. Id. In so finding, the Court noted the defendant “did not file any counterclaims, much less seek adjudication on the merits of any claims.” Id. at 380. Here, Direct Auto participated much less in discovery than the Brokerwood defendant. There was no case management conference. [6] And Direct Auto neither asserted counterclaims nor sought adjudication on the merits of Williams’s claims. Though perhaps it would have been prudent to seek dismissal sooner, on these facts, the Court finds Direct Auto’s meager two-month participation in discovery did not waive its jurisdictional and venue defenses—defenses it initially

preserved in its answer. II. The Court has personal jurisdiction over Direct Auto. Though not waived, Direct Auto’s lack-of-personal-jurisdiction defense fails. And it fails for the simple reason that Direct Auto seeks to apply to itself—a Mississippi business—a particular personal jurisdiction defense that only applies to out-of-state defendants.

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Bluebook (online)
Phalisity Williams v. Direct Auto CDJR, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phalisity-williams-v-direct-auto-cdjr-llc-msnd-2026.