Pollution Control Industries of America, Inc. v. Van Gundy

759 F. Supp. 472, 1991 U.S. Dist. LEXIS 3113, 1991 WL 35459
CourtDistrict Court, N.D. Indiana
DecidedMarch 14, 1991
DocketNo. H90-086
StatusPublished
Cited by4 cases

This text of 759 F. Supp. 472 (Pollution Control Industries of America, Inc. v. Van Gundy) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pollution Control Industries of America, Inc. v. Van Gundy, 759 F. Supp. 472, 1991 U.S. Dist. LEXIS 3113, 1991 WL 35459 (N.D. Ind. 1991).

Opinion

MEMORANDUM OPINION AND ORDER

LOZANO, District Judge.

This matter is before the court on the Motion to Dismiss, filed by the defendants, Linda R. Van Gundy, Jack J. Genova, and Michael J. Genova, on May 4, 1990. The defendants base their motion on Rule 12(b)(2) of the Federal Rules of Civil Procedure, and contend that the plaintiff, Pollution Control Industries of America, Inc.’s (hereinafter referred to as “P.C.I.A.”) Complaint does not allege facts sufficient for this court to exercise personal jurisdiction over the defendants. For the reasons set forth herein, the defendants’ Motion to Dismiss is GRANTED.1 DISCUSSION

“A federal district court sitting in a diversity case has personal jurisdiction over a non-consenting, nonresident defendant if a court of the state in which the district court sits would have personal jurisdiction.” Daniel J. Hartwig Associates, Inc. v. Kanner, 913 F.2d 1213, 1216 (7th Cir.1990) (citations omitted). The inquiry into whether an Indiana court would have jurisdiction over these defendants has two parts. First, the court must determine whether the Indiana long-arm statute subjects the defendants to in personam jurisdiction. Id. (citations omitted). If the answer to this question is yes, then the court must determine “whether the exercise of jurisdiction under the long-arm statute runs afoul of the due process requirements of the fourteenth amendment.” Id. (citations omitted).

Indiana’s long-arm statute provides, in relevant part, that:

Any person or organization that is a nonresident of this state, a resident of this state who has left the state, or a person whose residence is unknown, submits to the jurisdiction of the courts of this state as to any action arising from the following acts committed by him or his agent:
(1) doing any business in this state;
(2) causing personal injury or property damage by an act or omission done within this state;
(3) causing personal injury or property damage in this state by an occurence, act or omission done outside this state if he regularly does or solicits business or engages in any other persistent course of conduct, or derives substantial revenue or benefit from goods, materials, or ser[474]*474vices used, consumed, or rendered in this state;
(4) having supplied or contracted to supply services rendered or to be rendered or goods or materials furnished or to be furnished in this state;
(5) owning, using, or possessing any real property or an interest in real property within this state;
(6) contracting to insure or act as surety for or on behalf of any person, property or risk located within this state at the time the contract was made; or
(7) living in the marital relationship within the state notwithstanding subsequent departure from the state, as to all obligations for alimony, custody, child support, or property settlement, if the other party to the marital relationship continues to reside in the state.

IND.CODE ANN., Title 34, Appendix Court Rules, Rule 4.4, Indiana Rules of Trial Procedure (West 1988). Whether a state or federal court sitting in Indiana may exercise personal jurisdiction over a nonresident defendant depends upon either the defendant’s general contacts with the forum state or the defendant’s specific contacts. Wallace v. Herron, 778 F.2d 391, 393 (7th Cir.1985).

Where a defendant has sufficient, continuous, and systematic general contacts with a particular forum state, the courts within that state may exercise in personam jurisdiction over that defendant for any action, even if that action “does not arise out of or relate to the [defendant's] activities in the forum [sjtate.” Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414-16, 104 S.Ct. 1868, 1872-73, 80 L.Ed.2d 404 (1984). Conversely, where a defendant’s contacts with a state are insufficient to support general jurisdiction, Indiana state and federal courts may assert specific in personam jurisdiction over a nonresident defendant only if the controversy “is related to or ‘arises out of’ [the] defendant’s contacts with the forum.” Helicopteros Nacionales de Colombia, S.A., 466 U.S. at 414, 104 S.Ct. at 1872 (citing Shaffer v. Heitner, 433 U.S. 186, 204, 97 S.Ct. 2569, 2579, 53 L.Ed.2d 683 (1977)). In sum, the defendants’ “conduct and connection with Indiana must be such that [it] should reasonably anticipate being subject to the jurisdiction of an Indiana court.” Wallace, 778 F.2d at 393-94 (citing World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490 (1980)).

The burden of establishing jurisdiction is on the plaintiff. Doebler v. Stadium Productions Ltd., 91 F.R.D. 211, 213 (W.D.Mich.1981). When, as here, the issue is to be determined solely on the basis of written materials, the plaintiff “need only present a prima facie case, and the pleadings and affidavits must be considered in the light most favorable to the party asserting the existence of jurisdiction.” Id. (citing Welsh v. Gibbs, 631 F.2d 436 (6th Cir.1980), cert. denied, 450 U.S. 981, 101 S.Ct. 1517, 67 L.Ed.2d 816 (1981)).

Taking all facts alleged in the Complaint as true, P.C.I.A. has failed to demonstrate that this court has sufficient grounds to exercise personal jurisdiction over the defendants in this action. To establish jurisdiction, P.C.I.A. alleges only that this action involves the breach of a contract for the sale of real property in Kansas City, Kansas; that the amount in controversy exceeds $50,000.00; that P.C. I.A. is a Missouri corporation with its principal place of business in East Chicago, Indiana; and that the defendants are residents of Kansas. (See Complaint, filed March 12, 1990, ¶¶ 1-3.). P.C.I.A. failed to allege that the defendants conducted any business in Indiana, or that the defendants committed any of the other acts which would confer this court or any Indiana court with personal jurisdiction over the defendants under the Indiana long-arm statute. Indiana Trial Rule 4.4, supra.

By their Motion to Dismiss, the defendants contend that they are residents of Kansas and Missouri and have not had sufficient contacts with Indiana for this court to require them to defend this cause of action in Indiana. In support of their motion, each defendant submitted an affidavit. By her affidavit, Linda R. Van Gun-dy affirms that she is a resident and citizen [475]*475of Kansas and has never been a resident or citizen of Indiana. (See Affidavit of Linda R.

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759 F. Supp. 472, 1991 U.S. Dist. LEXIS 3113, 1991 WL 35459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollution-control-industries-of-america-inc-v-van-gundy-innd-1991.