LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on the motion to dismiss filed by defendants County of Los Angeles ("LA County"), Los Angeles County DA's Office ("LA DA"), Steve Cooley ("Cooley") and Peter Glick ("Glick") (collectively, "the Los Angeles defendants"), made pursuant to Rules 12(b)(1), (2), and (6) (DE 119). Also before the court is the motion to dismiss filed by defendants Sandra Barrientos ("Barrientos") and the State of California, acting by and through its Department of Justice ("California AG"), made pursuant to Federal Rules of Civil Procedure 12(b)(2) and (6) (DE 101).
The court refers to, and incorporates by reference, the statement of the case contained in its order entered November 6, 2013. As noted therein, the United States (subsequently dismissed as a party) removed the instant action to this court on September 4, 2013, substituting itself for four defendant federal judges. That same day, it filed its motion to dismiss, asserting that this court lacks subject matter jurisdiction over plaintiff's claims against it. This motion was granted by order entered November 18, 2013. Numerous other defendants also filed motions to dismiss, which the court granted by orders entered November 6, 18, 19, and 20, 2013.
On November 15, 2013, defendants Barrientos and California AG filed their motion to dismiss. Therein, defendants Barrientos and California AG assert that they lack the minimum contacts with North Carolina required for this court to assert personal jurisdiction over them. They also maintain the plaintiffs' claims against them are barred by sovereign immunity and that plaintiff fails to articulate a claim against them.
The Los Angeles defendants later filed their motion to dismiss (DE 119), contending that this court lacks personal jurisdiction over them. The Los Angeles defendants also maintain that the court has no subject matter jurisdiction where plaintiff's claims are barred by the
Plaintiff's complaint contains no factual claims against defendant Barrientos, and only one brief allegation against defendant California AG. More specifically, plaintiff asserts that "[t]he LA DA's office, CA DOJ, and USDOJ would not help me with my problems with Sony." Compl. ¶ 2.
With respect to the Los Angeles defendants, plaintiff appears to allege that he was harassed by employees of defendant LA County.
Where the court addresses a Rule 12(b)(2) motion without the benefit of evidentiary hearing, but rather relies only on the motions papers, supporting memoranda, affidavits, and pleadings, the plaintiff's burden is to make a prima facie showing of personal jurisdiction.
The plaintiff may not rest on mere jurisdictional allegations where a defendant has countered those allegations with evidence that jurisdiction does not exist.
As an initial matter, plaintiff has clarified that he did not mean to name defendant Barrientos as a defendant. Thus, any claims that against her are withdrawn. As to defendant California AG and the Los Angeles defendants (collectively, "these defendants"), they maintain that plaintiffs claims against them must be dismissed because, among other reasons, the court lacks personal jurisdiction over them. The court agrees that it lacks personal jurisdiction over these defendants, and therefore does not reach the other arguments raised.
This court may not assert personal jurisdiction over a non-resident defendant, unless (1) the exercise of jurisdiction is authorized by North Carolina's long-arm statute, and (2) the exercise of personal jurisdiction comports with Fourteenth Amendment due process requirements.
Plaintiff does not allege any jurisdictional facts showing that these defendants — all of whom are from California — have conducted "continuous and systematic activities" within North Carolina; therefore the court does not have general personal jurisdiction over these defendants.
These defendants are the State of California acting through its Department of Justice, the County of Los Angeles, the County of Los Angeles's District Attorney's Office, and two individuals residing in California. All of these defendants are located in California, and plaintiff complains of actions taken by these defendants in California, with respect to litigation occurring in California. There are no allegations of these defendants purposefully availing themselves of the privilege of conducting activity in North Carolina or invoking the benefits and protections of its laws, nor do plaintiff's claims arise out of any such activities. Thus, the exercise of personal jurisdiction over these defendants is unreasonable and the court lacks specific jurisdiction over them.
In response to defendant California AG's motion, plaintiff argues that personal jurisdiction is proper because attorneys from the North Carolina Department of Justice represent it in the instant matter. Pl.'s Resp. Opp'n. Def. California AG's Mot. to Dismiss 2-3. This does not give the court a basis upon which to exercise personal jurisdiction over defendant California AG where it did not "purposefully avail" itself of the privilege of conducting activities here, rather it was plaintiff who instituted the suit here. Furthermore, Defendant California AG's activity, if it can be called activity, in being represented by attorneys from the North Carolina Department of Justice, does not give rise to any of plaintiff's claims.
Plaintiff attempts to show that this court has personal jurisdiction over the Los Angeles defendants by stating in his response to their motion that he sent emails to the Los Angeles defendants while he was in North Carolina, and they did not respond. Pl.'s Resp. Opp'n to Los Angeles Defs.' Mot. to Dismiss 5. He also says that they would not investigate his complaints or give him advice on what he could do.
Plaintiff also argues that this court has jurisdiction because he owned a house in North Carolina while living in California, where the alleged wrongs occurred. Pl.'s Resp. Opp'n to Los Angeles Defs.' Mot. to Dismiss 5. The mere fact that plaintiff owned property in this state does not mean that acts committed in California with respect to plaintiff, who was then present in California, do not create such minimum contacts with North Carolina so as to allow this court to exercise personal jurisdiction over the Los Angeles defendants.
For reasons given, where plaintiff's claims against defendant Barrientos are withdrawn, and where this court does not have jurisdiction to hear plaintiff's complaints against defendant California AG and the Los Angeles defendants, the court GRANTS the motions to dismiss by defendants Barrientos and California AG, and by the Los Angeles defendants (DE 101, 119).
SO ORDERED.