JG Action Enterprises, Inc. v. Michael Marchky; Harley-Davidson of Siouxland, Inc. d/b/a Rooster’s Harley-Davidson

Summary

The Southern District of California granted Michael Marchky’s motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), holding that entering into a contract with a California company did not establish sufficient minimum contacts. The court denied dismissal for insufficient service of process because Plaintiff had filed proof of service, dismissed the claims against Marchky without prejudice, and terminated the venue-transfer motion as moot.

Holdings

1. The court lacked specific personal jurisdiction over Marchky because entering into a contract with a California company, without additional California-directed conduct or contractual ties to California, did not establish purposeful availment or minimum contacts.
2. Marchky's Rule 12(b)(5) motion was denied because the plaintiff subsequently filed proof of service.
3. The motion to transfer venue was terminated as moot after the court dismissed the claims against Marchky for lack of personal jurisdiction.

Questions Presented

1. Whether the Southern District of California could exercise specific personal jurisdiction over Marchky based on his remote contractual relationship with a California company and the inclusion of the company's California address on the contract.
2. Whether Marchky was entitled to dismissal under Rule 12(b)(5) for insufficient service of process when proof of service was filed after the motion was made.
3. Whether Marchky's alternative motion to transfer venue should be decided after dismissal for lack of personal jurisdiction.

Disposition

dismissed