ROBERT S. LASNIK, District Judge.
Currently pending before the Court are two motions to dismiss challenging this Court's power to exercise personal jurisdiction over defendants Spagnola, Carpenter, Witte, Miller, and Malpasuto. Dkt. # 31 at 10-14 and Dkt. # 36 at 6-13. Plaintiff has the burden of demonstrating that the Court may exercise personal jurisdiction over each individual defendant.
Plaintiff alleges that the owner of her apartment building and the third-party company it used to bill tenants for services charged her excessively high rates for water, sewer, and trash utilities, that the rates she paid were higher than those paid by other tenants, that she is African American and has a left side deficit, and that the excessive charges were motivated by her race and/or disability. The individual defendants are associated with the third-party billing company, American Utility Management, Inc. ("AUM"). Spagnola is an employee in AUM's Illinois offices and is a resident of Illinois. She communicated with plaintiff and the property manager on a number of occasions regarding plaintiff's objections to the charges and requests for information regarding how her utility bills were calculated each month. Carpenter, Witte, Miller, and Malpasuto are officers of AUM. All reside in Illinois. Plaintiff does not allege that she had any contact with these defendants. The only allegations against them are that, as officers of AUM, they must have registered AUM to do business in Washington, they must have designed and provided content for AUM's website which can be seen by Washington residents, and they must have directed AUM's methodology for allocating utility costs to individual tenants and are therefore responsible for the overcharges of which she complains.
Pursuant to Fed. R. Civ. P. 4(k)(1)(A), federal courts ordinarily follow state law when determining the extent to which they can exercise jurisdiction over a person.
In order to justify the exercise of jurisdiction over a non-resident under the federal constitution, plaintiff must show that the individual defendants had "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice."
The state's authority to bind a non-resident defendant is justified only if there is a sufficient connection between the defendant, the forum, and the cause of action.
Plaintiff has not identified any conduct on the part of Carpenter, Witte, Miller or Malpasuto that was directed at a resident of Washington. Although AUM may be subject to this Court's jurisdiction in light of its on-going contracts and obligations toward Washington residents, its contacts cannot be imputed to its officers, agents, or employees who did not participate in the alleged wrongful conduct. Plaintiff must show — or at least allege — that each named defendant had minimum contacts with the forum state before they can be haled into court here. The only conduct alleged against Carpenter, Witte, Miller, or Malpasuto that might constitute an act or transaction aimed at the forum state is the registration of AUM to do business in Washington and the design and content of a website accessible in Washington.
With regards to Spagnola, plaintiff alleges that Spagnola communicated with both plaintiff and the property manager of her building on numerous occasions regarding plaintiff's objections to the excessive and discriminatory utility rates. As the point person for contact between AUM and its clients, it is reasonable to infer that Spagnola was aware of the location of the building and that she was communicating with residents of the forum. Plaintiff's claims arise in part out of those communications insofar as Spagnola refused to provide a monthly calculation of the utility bills, took no steps to remedy the excessive charges, and/or furthered the discriminatory billing practices of which plaintiff complains. Spagnola argues that she cannot be held liable or subjected to the Court's jurisdiction because all of her actions were taken within the scope of her employment with AUM. Corporate employment is not a shield to personal wrongdoing, however. The fact that a corporation's wrongful acts will not automatically be imputed to its officers, directors, agents, or employees does not mean that the individuals who actually participated in the wrong cannot be haled into court to answer for those wrongs.
For all of the foregoing reasons, Spagnola, Carpenter, and Witte's motion to dismiss for lack of personal jurisdiction (Dkt. # 31 at 10-14) is GRANTED as to Carpenter and Witte and DENIED as to Spagnola. Miller and Malpasuto's motion to dismiss for lack of personal jurisdiction (Dkt. # 36 at 6-13) is GRANTED.