Williams v. Romarm

187 F. Supp. 3d 63, 2013 U.S. Dist. LEXIS 189153, 2013 WL 12108207
CourtDistrict Court, District of Columbia
DecidedFebruary 4, 2013
DocketCivil Action No. 12-436(EGS)
StatusPublished
Cited by8 cases

This text of 187 F. Supp. 3d 63 (Williams v. Romarm) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Romarm, 187 F. Supp. 3d 63, 2013 U.S. Dist. LEXIS 189153, 2013 WL 12108207 (D.D.C. 2013).

Opinion

MEMORANDUM OPINION

Emmet G. Sullivan, United States District Judge

This matter is before the Court on defendant ROMARM, S.A.’s Motion to Dismiss, plaintiffs’ Motion for Jurisdictional Discovery, and defendant ROMARM’s Motion for a Protective Order. For the reasons explained below, defendant’s Motion to Dismiss is GRANTED, the Motion for Jurisdictional Discovery is DENIED, and the Motion for a Protective Order is DENIED as moot.

[66]*66I. BACKGROUND

Plaintiffs Norman Williams and Diane Howe bring this wrongful death action on behalf of their son, J.H., who was killed in the District of Columbia as a result of gunfire, Compl. -¶ 1-2. The firearm used to kill J.H. was allegedly manufactured by ROMARM, S.A. (“ROMARM” or “defendant”), a Romanian firearm manufacturer. Id, ¶ 2. Plaintiffs also bring claims against the alleged distributor of the firearm, “Does Company Distributor,” who has not been identified and has not appeared in the case. Plaintiffs allege that personal jurisdiction over ROMARM is appropriate under the District of Columbia’s long-arm statute, D.C. Code Section 13—423(a)(3), because “the acts of the defendants caused tortious injury and death ... when one of [ROMARM’s] assault weapons” was used to kill J.H. Compl. ¶2. Plaintiffs further allege that subject matter jurisdiction exists pursuant to the “commercial activity” exception of the Foreign Sovereign Immunity Act, 28 U.S.C. § 1605(a)(2), based on the commercial conduct of ROMARM, which is a corporation owned by the government of Romania. Plaintiffs bring claims under the District of Columbia’s wrongful death statute, D.C. Code Section 16-2701, the Survival Act, D.C. Code Section 12-101, and the Assault Weapons Manufacturing Strict Liability Act of 1990, D.C. Code Sections 7.2551.01(1)(A) and 7-2551.02. Compl. ¶3, Plaintiffs allege that defendants “were grossly negligent by allowing [ROMARM’s] assault weapon to be transported to the District where all such weapons are prohibited and denied licen-sure.” Compl. ¶ 4. Plaintiffs further allege that ROMARM and its distributors “could reasonably anticipate that by engaging in the sale and transportation of dangerous weapons overseas that these weapons may land in the hands of criminals who may use the weapons for what they were intended for, that is to kill and maim innocent human beings.” Compl. ¶ 7.

On May 14, 2012, ROMARM filed a motion to dismiss plaintiffs’ complaint. EOF No. 6. Defendant argued that the complaint should be dismissed under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction and Rule 12(b)(1) for lack of subject matter jurisdiction. Defendant also argued that the complaint should be dismissed under Rule 12(b)(6) for failure to state a claim. With respect to personal jurisdiction, ROMARM argued that this Court lacks both specific and general jurisdiction over ROMARM, a Romanian company with no ties to the District of Columbia, and that the exercise of personal jurisdiction over ROMARM would violate due process. ROMARM further argues that subject matter jurisdiction is absent because ROMARM does not carry on any “commercial activity” in the United States that would subject RO-MARM to the relevant exception to the Foreign Sovereign Immunities Act (“FSIA”). With respect to plaintiffs’ 12(b)(6) argument, defendant argues that plaintiffs’ claims are barred by the applicable statute of limitations.

In response to defendant’s motion, plaintiffs filed a motion requesting jurisdictional discovery as to personal and subject matter jurisdiction. ECF No. 10.1 Plaintiffs argue that they are entitled to discovery regarding “the penetration of the defendant ROMARM, and its armament into the United States market” and “what [RO-MARM] knows about the theft of its weap[67]*67ons here.” Pl.’s Mot. for Discovery, ECF No. 10, at 2-3.

In response to plaintiffs’ motion for discovery, defendant notes that the discovery was served by plaintiffs in contravention of Rule 26(d)(1) because the parties had hot conferred as required by Rule 26(f) and the plaintiffs had not obtained a court order permitting such discovery. Defendant also argues that plaintiffs have not alleged sufficient facts in their complaint to warrant jurisdictional discovery because .the allegations, even if proven, do not satisfy the requirements for asserting personal jurisdiction over defendant. ECF No. 13 at 1-2. Similarly, defendant argues that plaintiffs have failed to allege any facts regarding subject matter jurisdiction that would justify jurisdictional discovery. Finally, defendant argues that the discovery should be denied as futile because the claims are barred by the applicable statute of limitations. In connection with its opposition, defendant filed a cross-motion for a protective order. ECF No. 12. In that motion, defendant asks the Court to vacate certain premature discovery requests served on defendant by plaintiff. Notably, the discovery requests do not seek any information specific to the District of Columbia.

In a confusing and somewhat disjointed brief, plaintiffs submitted a reply in support of their motion for jurisdictional discovery and in opposition to defendant’s motion for a protective order. ECF No. 14. Plaintiffs appear to argue that discovery is warranted as to personal jurisdiction to establish the “proliferation of ROMARM’s assault weapons in the U.S. market, and illegally into the District of Columbia.” Id. at 3. Specifically, plaintiffs appear to seek discovery regarding a distributorship agreement between ROMARM and alleged distributor named Century Arms/In-temational. I'd, at 3. Plaintiffs also allege that under the FSIA, a plaintiff need only establish 'that subject matter jurisdiction exists and that personal jurisdiction is assumed. With respect to subject matter jurisdiction, plaintiffs reply that discovery is warranted to establish ROMARM’s “awareness that its weapons are destined for the U.S, market and that proper safeguards are lacking there.” Id. at 6.’ Plaintiffs also dispute defendant’s argument regarding the statute of limitations.

In its reply in further support of its cross-motion for a protective order, defendant argues that plaintiffs misapprehend the,applicable law as to personal jurisdiction under the FSIA. In particular, defendant argues that a party must separately establish, personal jurisdiction in addition to subject matter jurisdiction under the FSIA. In a surreply, plaintiffs also repeat their prior arguments regarding RO-MARM’s knowledge of the illegal distribution of its weapons in the United States.2

On January 7, 2013, the Court directed plaintiffs to respond to defendant’s motion to dismiss and directed defendant to file a reply. The Court also directed the parties to address the ‘recent decision of GSS Group Ltd. v. National Port Authority, 680 F.3d 805 (D.C.Cir.2012). In their opposition, plaintiffs dispute defendant’s claim of sovereign immunity, contending that defendant’s actions qualify as “commercial activity.” Plaintiffs also argue that personal jurisdiction is proper because defendant’s “nationwide distribution scheme [68]*68[renders it] answerable through the country, wherever its dangerous weapons are found.” Pis.’ Opp. to Mot. to Dismiss, EOF No. 19, at 1-2.

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Cite This Page — Counsel Stack

Bluebook (online)
187 F. Supp. 3d 63, 2013 U.S. Dist. LEXIS 189153, 2013 WL 12108207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-romarm-dcd-2013.