Shannon Nichole De Leon, Plaintiff v. Radisson Hotels International, Inc., Radisson Property Management, Inc., Radisson Hotels International, Inc., d/b/a Radisson Hospitality Worldwide, Inc., Radisson Internal Management, Inc., Radisson Hotels International, Inc., d/b/a Radisson Hotels Worldwide, Inc., and Harbour Plaza Hotel Management, Ltd., Defendants

2014 DNH 143

• Court: District Court, D. New Hampshire
• Decided: June 23, 2014
• Docket: 13-cv-218-SM
• Status: Published

Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Shannon Nichole De Leon, Plaintiff

v. Case No. 13-cv-218-SM Opinion No. 2014 DNH 143

Radisson Hotels International, Inc., Radisson Property Management, Inc., Radisson Hotels International, Inc., d/b/a Radisson Hospitality Worldwide, Inc., Radisson Internal Management, Inc., Radisson Hotels International, Inc., d/b/a Radisson Hotels Worldwide, Inc., and Harbour Plaza Hotel Management, Ltd., Defendants

O R D E R

Shannon De Leon brings this action seeking damages for

injuries she sustained in a parasailing accident while

vacationing at the Radisson Our Lucaya Resort in Freeport, Grand

Bahama Island. One of the defendants - Harbour Plaza Hotel

Management, Ltd. (“Harbour Plaza”) - moves to dismiss the sole

claim advanced against it for lack of personal jurisdiction. De

Leon has not filed an objection. For the reasons stated, that

motion is granted. Discussion

When personal jurisdiction is contested, the plaintiff bears

the burden of establishing that the court has such jurisdiction.

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

Kowalski v. Doherty, Wallace, Pillsbury & Murphy, 787 F.2d 7, 8

(1st Cir. 1986). Allegations of jurisdictional facts are

construed in the plaintiff’s favor, see Buckley v. Bourdon, 682

F. Supp. 95, 98 (D.N.H. 1988), and if, as here, the court

proceeds based upon the written submissions of the parties

without an evidentiary hearing, the plaintiff need only make a

prima facie showing that jurisdiction exists. See Kowalski, 787

F.2d at 8; Boit v. Gar-Tec Products, Inc., 967 F.2d 671, 674-75

(1st Cir. 1992).

Nevertheless, the plaintiff’s demonstration of personal

jurisdiction must be based on specific facts set forth in the

record in order to defeat a defendant’s motion to dismiss. See

TicketMaster-New York, Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir.

1994). See also Jet Wine & Spirits, Inc. v. Bacardi & Co., 298

F.3d 1, 8 (1st Cir. 2002) (“Although the burden of proof is

light, [the plaintiff] may not rely on the mere allegations of

its complaint, but must point to specific facts in the record

that support those allegations.”). And, “[i]n reviewing the

record before it, a court ‘may consider pleadings, affidavits,

2 and other evidentiary materials without converting the motion to

dismiss to a motion for summary judgment.’” VDI Technologies v.

Price, 781 F. Supp. 85, 87 (D.N.H. 1991) (quoting Lex Computer &

Management Corp. v. Eslinger & Pelton, P.C., 676 F. Supp. 399,

402 (D.N.H. 1987)).

Here, as noted above, De Leon has not objected nor has she

filed any type of response to Harbour Plaza’s motion.

Accordingly, the court will take as uncontested the factual

allegations set forth in that motion, as supported by the

affidavit of Cheah Leng Leng, Financial Controller - Management

Accounting, of Harbour Plaza (document no. 14-1). In short,

Harbour Plaza is a Hong Kong corporation, with a principal place

of business in Kowloon. It is a hotel management company that

manages hotels primarily in Hong Kong and China. It has no

property interests in New Hampshire, has never transacted

business in New Hampshire, has no registered agent in this state,

and has not regularly solicited business in this state.

Based upon those uncontested facts, it is plain that this

court lacks both general and specific personal jurisdiction over

Harbour Plaza. See generally Dagesse v. Plant Hotel N.V., 113 F.

Supp. 2d 211 (D.N.H. 2000) (court lacked general and specific

personal jurisdiction over hotel management company that was sued

3 in New Hampshire when plaintiff’s husband was injured in a hotel

in Aruba). Harbour Plaza’s motion to dismiss for lack of

personal jurisdiction (document no. 14) is, therefore, granted.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

June 23, 2014

cc: Phillip S. Bixby, Esq. John E. Brady, Esq. Glenn J. Holzberg, Esq.