Thermal Components Company v. Griffith

98 F. Supp. 2d 1224, 2000 U.S. Dist. LEXIS 8035, 2000 WL 744557
CourtDistrict Court, D. Kansas
DecidedApril 17, 2000
Docket00-2103-JWL
StatusPublished
Cited by19 cases

This text of 98 F. Supp. 2d 1224 (Thermal Components Company v. Griffith) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thermal Components Company v. Griffith, 98 F. Supp. 2d 1224, 2000 U.S. Dist. LEXIS 8035, 2000 WL 744557 (D. Kan. 2000).

Opinion

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff Thermal Components Company (“Thermal Components”) filed this action against defendants Steve Griffith, Mike Redus, Joshua Blakey, Bill Wilson, and Thermotech, Inc. (“Thermotech”) in the District Court of Johnson County, Kansas, alleging various state law causes of action including tortious interference with contract, breach of fiduciary duty, misappropriation of trade secrets, unjust enrichment, conversion, and replevin. Defendants removed the action to this court on the basis of diversity jurisdiction. Presently before the court is defendants’ motion to dismiss for lack of personal jurisdiction, or, alternatively, for transfer of venue to the United States District Court for the Western District of Missouri, Southern Division and defendant Thermo-tech’s separate motion to dismiss for insufficient service of process (doc. 4). For the reasons set forth below, defendants’ motion is denied in its entirety.

I. Background

Plaintiff Thermal Components is a corporation organized under the law of Kansas with its principal place business in Lenexa, Kansas. Defendants Griffith, Re-dus, Blakey, and Wilson, all former employees of plaintiff Thermal Components, are residents of Missouri. Defendant Thermotech is a Missouri corporation with its principal place of business in Springfield, Missouri.

After entering into a written employment contract 1 with plaintiff in December 1989, defendant Griffith worked in plaintiffs Kansas office until June 1992, at which time he was assigned to manage plaintiffs Springfield, Missouri office. Following his transfer to the Springfield office, defendant Griffith traveled into Kansas, at plaintiffs behest, an average of once per year. Defendant Redus was hired by plaintiff -in September 1992, and after completing his job training in the state of Kansas, began working out of plaintiffs Springfield office. Redus also occasionally traveled to Kansas at plaintiffs direction. Defendants Wilson and Blakey were hired to work in plaintiffs Springfield location in 1993 and 1998, respectively. Like Redus, defendant Blakey completed two weeks of job training in the state of Kansas. During his tenure as a Thermal Components employee, defendant Wilson traveled to Kansas at plaintiffs request on at least four occasions. While working for plaintiff from the Springfield office location, each of the individual defendants, as part of their job duties, maintained contact with plaintiffs Kansas office via facsimile, mail and telephonic communications. Defendants Griffith and Redus’ contacts with plaintiffs Kansas office were fairly frequent — i.e., several times a week; defendants Blakey and Wilson’s also communicated with their employer’s Kansas office, albeit less often than their codefend-ants. All payroll and employee benefit information with respect to Thermal Components’ employees is maintained and processed in Thermal Components’ Kansas office.

According to plaintiffs complaint, defendants Griffith, Redus, Wilson, and Bla-key resigned from Thermal Components in early January 2000. Following their respective resignations from plaintiffs employ, the individual defendants then became affiliated in various professional capacities with defendant Thermotech, a *1227 corporation formed under Missouri law on January 4, 2000.

On February 17, 2000, plaintiff Thermal Components filed an action in the District Court of Johnson County, Kansas, seeking damages and injunctive relief arising from defendants’ alleged breach of fiduciary duty of loyalty, tortious interference with contractual relations and business expectancies, misappropriation of trade secrets, and conversion of plaintiffs property. On March 1, 2000, defendants removed the action to this court on the basis of diversity jurisdiction. Defendants move to dismiss the action for lack of personal jurisdiction and improper venue; alternatively, defendants request the court to transfer the case to the United States District Court for the Western District of Missouri, Southern Division. Defendant Thermo-tech separately moves to dismiss on the basis of insufficient service of process.

II. Personal Jurisdiction

A plaintiff opposing a motion to dismiss for lack of personal jurisdiction bears the burden of establishing that the exercise of personal jurisdiction over the defendant is proper. See Kuenzle v. HTM Sport-Und Freizeitgerate AG, 102 F.3d 453, 456 (10th Cir.1996). If the motion to dismiss is submitted prior to trial on the basis of affidavits and other written materials, the plaintiff need only make a prima facie showing to avoid dismissal for lack of personal jurisdiction. Id. Although the plaintiff will be required to prove the factual basis for jurisdiction by a preponderance of the evidence at trial, on a pre-trial motion to dismiss, all factual disputes are resolved in favor of the plaintiff. Id. If the plaintiff makes the required prima facie showing that personal jurisdiction exists, “a defendant must present a compelling case demonstrating ‘that the presence of some other considerations would render jurisdiction unreasonable.’ ” OMI Holdings, Inc. v. Royal Ins. Co. of Canada, 149 F.3d 1086, 1091 (10th Cir.1998) (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 477, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)).

There is no dispute that this court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332: the parties are citizens of different states, and the amount in controversy exceeds $75,000. In diversity actions, personal jurisdiction over a nonresident defendant is determined by the law of the forum state. Federated Rural Elec. Ins. Corp. v. Kootenai Elec. Coop., 17 F.3d 1302, 1304 (10th Cir.1994). To exercise personal jurisdiction over a nonresident defendant, the court must ensure that “the exercise of jurisdiction is sanctioned by the long-arm statute of the forum state,” and that the due process requirements of the Constitution are satisfied. Id. at 1304-05. The Kansas long arm statute has been interpreted by Kansas courts “to allow jurisdiction to the full extent permitted by due process,” such that these inquiries are, for all practical purposes, duplicative. Id. at 1305. 2

A. The Kansas Long-Arm Statute

Plaintiff asserts that jurisdiction over individual defendants Griffith, Redus, Blakey, and Wilson is proper under K.S.A. § 60 — 308(b)(2), the “tortious act” provision of the Kansas long-arm statute.

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Bluebook (online)
98 F. Supp. 2d 1224, 2000 U.S. Dist. LEXIS 8035, 2000 WL 744557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thermal-components-company-v-griffith-ksd-2000.