Seidel v. Kirby

296 F. Supp. 3d 745
CourtDistrict Court, D. Maryland
DecidedOctober 27, 2017
DocketCIVIL NO. JKB–17–0292
StatusPublished
Cited by21 cases

This text of 296 F. Supp. 3d 745 (Seidel v. Kirby) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seidel v. Kirby, 296 F. Supp. 3d 745 (D. Md. 2017).

Opinion

James K. Bredar, Chief Judge *747MEMORANDUM

Plaintiffs are Maryland residents who have brought this action against five out-of-state Defendants in response to alleged abusive behavior that Defendants engaged in online. Defendants moved to dismiss Plaintiffs' complaint for failure to state a claim (ECF No. 7) and in response Plaintiffs amended their complaint (ECF No. 8). The Defendants now bring a second motion to dismiss, this time for lack of personal jurisdiction, improper venue, or, in the alternative, dismissal under the doctrine of forum non conveniens (ECF No. 13). Plaintiffs have responded in opposition to that motion and have moved to strike Defendants' motion to dismiss and, in the alternative, have moved for jurisdictional discovery (ECF No. 16). All parties have had the opportunity to respond, the issues are fully briefed, and there is no need to have a hearing to resolve the matter. See Local Rule 105.6 (D. Md. 2016). Defendants' motion to dismiss will be denied because Defendants waived their objection to personal jurisdiction, see Fed. R. Civ. P. 12(h), venue is proper under 28 U.S.C. § 1391(b)(2), and forum non conveniens generally only applies when "the alternative forum is abroad," American Dredging Co. v. Miller , 510 U.S. 443, 449 n.2, 114 S.Ct. 981, 127 L.Ed.2d 285 (1994) ; see also Charles A. Wright & Arthur R. Miller, 14D Fed. Prac. & Proc. Juris. § 3828 (4th ed. 2017) (doctrine applies only when superior forum is in foreign country, or in rare circumstances in a state court or territorial court). For these reasons, Defendants' motion to dismiss will be denied by accompanying order. Plaintiffs' request for jurisdictional discovery is moot, and Plaintiffs' motion to strike will be denied.

I. Factual and Procedural Background1

Plaintiffs filed their first complaint on February 1, 2017 (Compl., ECF No. 1). This complaint was largely devoid of substance. Essentially, it alleged "upon information and belief" that Defendants were residents of various states and had "published and/or republished" defamatory statements about the Plaintiffs online. (Id. ) Plaintiffs, after some delay, effected service of this complaint on Defendants on May 9. On receipt of this original complaint, Defendants would have had notice of at least two facts: (1) Plaintiffs alleged that they had defamed them in some way and invaded the Plaintiffs' privacy in some way, and (2) Plaintiffs brought this lawsuit in Maryland.

On June 1, Defendants moved to dismiss under Rule 12(b)(6), contending that Plaintiffs' threadbare and conclusory complaint failed to state a claim upon which relief could be granted. (Defs.' Mot. Dismiss Mem. Supp., ECF No. 7-1.) In response, Plaintiffs amended their complaint to include more specifics, such that it now provided more than vague and conclusory allegations. (First Am. Compl.) Briefly, Plaintiffs' grievance arises from defamatory and harassing behavior that the Defendants engaged in online in connection with a fan fiction forum and competition, targeted towards the Plaintiffs. (See id. Exs. A-E, ECF Nos. 8-1 through 8-6.) Plaintiffs did not allege that any Defendants engaged in any actions while in or from Maryland, but that the effects of the Defendants' actions were felt by the Plaintiffs in Maryland. (See First Am. Compl. ¶ 18.)

*748After receiving notice of the particulars of Plaintiffs' complaint against them, Defendants again moved to dismiss (ECF No. 13), this time on the grounds that the Court lacked personal jurisdiction, and that venue in Maryland would be improper, or that the case should be dismissed under the doctrine of forum non conveniens.

Plaintiffs replied in opposition to Defendants' second motion to dismiss, and also moved the Court to strike Defendants' objections to personal jurisdiction and venue (ECF No. 16).

II. Applicable Legal Standards

A motion to dismiss under Rule 12(b)(2) is a test of the Court's personal jurisdiction over the defendant. "[W]hen, as here, the court addresses the question [of personal jurisdiction] on the basis only of motion papers, supporting legal memoranda and the relevant allegations of a complaint, the burden on the plaintiff is simply to make a prima facie showing of a sufficient jurisdictional basis to survive the jurisdictional challenge." New Wellington Fin. Corp. v. Flagship Resort Dev. Corp. , 416 F.3d 290, 294 (4th Cir. 2005) (quoting Combs v. Bakker , 886 F.2d 673, 676 (4th Cir. 1989) ).

A motion to dismiss under Rule 12(b)(3)"requires a similar inquiry to that of Rule 12(b)(2)." Trimgen Corp. v. Iverson Genetic Diagnostics, Inc. , Civ. No. RDB-14-2850, 2015 WL 2165118 *2 (D. Md. May 7, 2015). The burden of establishing proper venue is on the plaintiff, id. , and "all inferences must be drawn in favor of the plaintiff." Silo Point II LLC v. Suffolk Const. Co., Inc. , 578 F.Supp.2d 807, 809 (D. Md. 2008) (quoting Sun Dun, Inc. of Washington v. Coca-Cola Co. , 740 F.Supp. 381, 385 (D. Md. 1990) ). Objections to personal jurisdiction and venue can be waived if they were available to the defendant and not raised in the defendant's first motion to dismiss under Rule 12(b). See Fed. R. Civ. P. 12(h).

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

Related

Fox v. Smith, Appeal of: Smith, S.
Supreme Court of Pennsylvania, 2021
Fox v. Smith, Appeal of: Pascale and Baum
Supreme Court of Pennsylvania, 2021
Fox v. Smith, Appeal of: Luongo, E.
Supreme Court of Pennsylvania, 2021
Fox v. Smith, Appeal of: Agostinelli and Baum
Supreme Court of Pennsylvania, 2021
TUSHA v. GREENFIELD
W.D. Pennsylvania, 2021
Tusha v. Greenfield
D. Maryland, 2021
Corsi v. Stone
District of Columbia, 2020
Katherine Grace Short v. Darren Versiga
Mississippi Supreme Court, 2019
Birara v. Kelel
D. Maryland, 2019
Fox, J. v. Smith, S.
211 A.3d 862 (Superior Court of Pennsylvania, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
296 F. Supp. 3d 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seidel-v-kirby-mdd-2017.