Williams v. Romarm S.A.

116 F. Supp. 3d 631, 2015 U.S. Dist. LEXIS 95064, 2015 WL 4475160
CourtDistrict Court, D. Maryland
DecidedJuly 20, 2015
DocketCivil Action No. TDC-14-3124
StatusPublished
Cited by9 cases

This text of 116 F. Supp. 3d 631 (Williams v. Romarm S.A.) 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
Williams v. Romarm S.A., 116 F. Supp. 3d 631, 2015 U.S. Dist. LEXIS 95064, 2015 WL 4475160 (D. Md. 2015).

Opinion

MEMORANDUM OPINION

THEODORE D. CHUANG, District Judge.

Plaintiffs Norman Williams (“Williams”), Diane Howe (“Howe”), Kevin Attaway (“Attaway”). and Jamel Blakeley (“Blake-ley”) (collectively, “Plaintiffs”) assert various causes of action against Defendant Ro-marm S.A. (“Romarm”) arising from two shootings, during which the firing of an assault weapon marketed and sold by Ro-marm resulted in the death of the son of Williams and Howe and injuries to Atta-way and Blakeley. Pending before the Court are Romarm’s Motion to Dismiss and Plaintiffs’ Motion for Jurisdictional Discovery. For the reasons stated below, the Motion to Dismiss is GRANTED, and the Motion for Jurisdictional Discovery is DENIED.

BACKGROUND

, This case arises from two shootings that occurred in Washington, D.C. in March 2010. The Complaint alleges that, . .on or about March 22, 2010, a Romarm WASR 10 semi-automatic assault weapon was discharged during an incident in the District of Columbia, resulting in the death of J.H., the son of Plaintiffs Williams and Howe, who are his legal representatives. The Complaint further alleges that on March 30, 2010, Plaintiffs Attaway and Blakeley were injured by the same weapon during a second incident in the District of Columbia that was “causally connected to the death of J.H.” Comply 6.

Romarm is a company that is wholly owned by the Romanian government and is engaged in the international marketing and sale of firearms. Plaintiffs allege that Romarm’s gun sales and operations have a “direct effect” in the United States because Romarm sells firearms through its American distributor. Century Arms International (“Century”) for distribution to dealers in the United States, including in Maryland, and maintains “supervision and control over the sale, distribution, and after-sale” of its firearms. Id. ¶¶ 8-9. According to factual allegations made by Century in a separate, unrelated lawsuit. Romarm sold more than $55 million in firearms to Century in the 10-year period preceding 2012. Plaintiffs allege that the “sale and purchase” of the assault weapon at' issue occurred in Maryland, and that the firearm had been “transported from Maryland to the District of Columbia” for use in the shootings. Id. ¶¶ 3-4,11.

On March 20, 2012, Williams and Howe filed a federal suit against Romarm in the United States District Court for the District of Columbia.1 asserting claims for wrongful death, negligence, public nuisance, and, under the District of Columbia’s Assault Weapon Manufacturing Strict Liability Act, D.C.Code 7-2551.01-03 (West 2014); strict liability for manufacturing, assembling, or distributing the weapon that caused the death of J.H. On October 3, 2012, Attaway and Blakely attempted to join as plaintiffs by filing a Motion for Leave of Court to Amend Pleadings and Join Similarly Situated Parlies. The court struck the motion because Plaintiffs failed to attach the proposed amended complaint to the motion, as required by the court’s [635]*635local rules-. As Plaintiffs’ Counsel acknowledged at oral argument, Plaintiffs never attempted to correct and refile their motión to amend the complaint. Thus, Attaway and Blakely were never made parties to the suit.

On February 4, 2013, the district court granted a motion to dismiss filed by Ro-marm, finding that it lacked personal jurisdiction over Romarm. Williams and Howe appealed the decision, but on July 1, 2014, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) affirmed the district court’s dismissal of the case for lack of personal jurisdiction.

On September 2, 2014, Plaintiffs filed the present lawsuit in the Circuit Court for Prince George’s County, Maryland against Romarm, alleging, on the basis of both the March 22, 2010 and March 30, 2010 incidents, the following five causes of action: (1) strict liability under the District of Columbia’s Assault Weapon Manufacturing Strict Liability Act; (2) wrongful death; (3) “personal injury”; (4) public and private nuisance; and (5) negligent distribution and marketing. Romarm removed the case to this Court on October 3, 2014 and filed the present Motion to Dismiss on October 10, 2014. On January 22, 2015, after the Motion to Dismiss had been fully briefed, Plaintiffs filed its Motion for Discovery in Aid of Jurisdiction.

DISCUSSION

I. Romarm’s Motion to Dismiss for Lack of Personal Jurisdiction

In its Motion to Dismiss, Romarm argues that the Court should dismiss the Complaint on multiple grounds: lack of personal jurisdiction, improper venue, insufficiency of process, and because the claims are barred by the statute of limitations. As jurisdiction is a threshold issue, the Court must first consider Romarm’s argument that the case should be dismissed for lack of personal jurisdiction under Federal' Rule of Civil Procedure 12(b) (2). Because the Court concludes that it lacks personal jurisdiction over Ro-marm, it will not address Romarm’s alternative arguments for dismissal.

A. Legal Standard

It is the plaintiffs burden to establish personal jurisdiction by a preponderance of the evidence. See Mylan Labs. Inc. v. Akzo, N.V., 2 F.3d 56, 59-60 (4th Cir.1993). To carry that burden at the pleading stage, the plaintiff need only make a pri-ma facie showing that the defendants are properly subject to this Court’s jurisdiction. Id. In evaluating the plaintiffs showing, this Court must accept the plaintiffs allegations as true and must resolve any factual conflicts'in the plaintiffs favor. Id. The court is permitted to consider evidence outside the pleadings in resolving a Rule 12(b)(2) motion. Structural Pres. Sys., LLC v. Andrews, 931 F.Supp.2d 667, 671 (D.Md.2013); CoStar Realty Info., Inc. v. Meissner, 604 F.Supp.2d. 757, 763-64 (D.Md.2009).

B. Agent or Instrumentality of a Foreign State

Under the Foreign Sovereign Immunities ' Act (“FSIA”), 28 U.S.C. § 1330 et seq. (2012), federal courts have subject mailer jurisdiction over “any non-jury civil action against a foreign state” with respect to which the foreign state is not entitled to immunity. Id. § 1330(a). Although’ foreign states are generally immune from suit, the FSIA contains exceptions to that immunity in cases in which the action is based upon “a commercial activity carried on in the United States by the foreign state” or upon an act in connection, with “commercial activity of the foreign state elsewhere” that has a “direct effect in the United States,” or in cases “in which money damages are sought against a foreign state for personal injury or [636]*636death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or.of apy official or employee of that .foreign- state while acting within the scope of his office 0£, employment.” Id. § 1605(a)(2) and (5). The FSIA provides that “[personal jurisdiction over a foreign state shall exist as: to every .claim for relief over which the district courts have [subject-matter] jurisdiction ... and where service has been made under § 1608,” Id. § 1330(b).

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Cite This Page — Counsel Stack

Bluebook (online)
116 F. Supp. 3d 631, 2015 U.S. Dist. LEXIS 95064, 2015 WL 4475160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-romarm-sa-mdd-2015.