WILLIAM A. WEBB, United States Magistrate Judge.
This cause comes before the Court upon Plaintiffs' motion for leave to conduct expedited jurisdictional discovery (D E-30). Defendants have responded to this motion (DE's 35 & 37), and the matter is now ripe for adjudication.
In December 2010, Plaintiffs commenced this action alleging that Defendants TAG Virgin Islands, Inc., James S. Tagliaferri and Patricia Cornell (the "TAG Defendants") served as their investment advisers for thirteen years and breached various duties causing Plaintiffs $60 million in damages (DE-1). Plaintiffs allege that Defendant Barry Feiner, who is an attorney, conspired with the TAG Defendants. Id. The TAG Defendants have filed a Motion to Dismiss, or in the Alternative, to Transfer Venue, contending that the Complaint should be dismissed because the Court lacks jurisdiction over them or that, alternatively, this action should be transferred to the District of Connecticut (DE-20). Defendant Feiner has also moved to dismiss, arguing that the Court lacks jurisdiction over him (DE-26).
Ultimately, however, Plaintiffs concede that they do not know the full extent of Defendants' contacts with North Carolina. Therefore, Plaintiffs now seek expedited discovery concerning these contacts.
Generally, "[w]hen [a] plaintiff can show that discovery is necessary in order to meet defendant's challenge to personal jurisdiction, a court should ... permit discovery on that issue unless plaintiff's claim appears to be clearly frivolous." Rich v. KIS California, Inc., 121 F.R.D. 254, 259 (M.D.N.C.1988). However, a court may deny jurisdictional discovery where the proposed line of inquiry would not alter the analysis of the personal jurisdiction issue. Carefirst of Maryland, Inc. v. Carefirst Pregnancy Centers Inc., 334 F.3d 390, 402-403 (4th Cir.2003). Likewise, "where a plaintiff's claim of personal jurisdiction appears to be both attenuated and based on bare allegations in the face of specific denials made by defendants, the Court need not permit even limited discovery confined to issues of personal jurisdiction should it conclude that such discovery will be a fishing expedition." Rich, 121 F.R.D. at 259. See also, Base Metal Trading, Ltd. v. OJSC "Novokuznetsky Aluminum Factory", 283 F.3d 208, 216 n. 3 (4th Cir.2002). Furthermore, when a plaintiff offers only speculation or conclusory assertions about contacts with a forum state, denying jurisdictional discovery is appropriate. Carefirst, 334 F.3d at 402-403 (4th Cir.2003). Here, Plaintiffs concede that they do not know the full extent of Defendants' contacts with North Carolina, and therefore their request for jurisdictional discovery is speculative and conclusory (DE-30, pg. 3). Moreover, as will be discussed in more detail below, Plaintiffs have failed to establish a prima facie case for personal jurisdiction both on the face of their Complaint and also in the instant motion.
This court may exercise personal jurisdiction over a non-resident defendant only in the manner provided for by North
Here, Plaintiffs allege that they: (1) have lived in North Carolina since 1996; (2) signed an investment management agreement in North Carolina in 1996; and (3) had communications with Defendants since 1996. They also contend that Defendants traveled to North Carolina occasionally to discuss Plaintiffs' investments. Mere execution by Plaintiffs of a contract in North Carolina, however, does not give rise to personal jurisdiction. See, Le Bleu Corp. v. Standard Capital Group, Inc., 11 Fed.Appx. 377, 379-81 (4th Cir.2001); Diamond Healthcare of Ohio v. Humility of Mary Health Partners, 229 F.3d 448, 452 (4th Cir.2000); Ellicott Mach. Corp. v. John Holland Party Ltd., 995 F.2d 474, 478 (4th Cir.1993). Likewise, mere communications sent from outside the forum does not establish presence in that jurisdiction. Stover v. O'Connell Assoc., Inc., 84 F.3d 132, 137 (4th Cir.1996). In short, the undersigned finds the facts alleged by Plaintiffs insufficient to establish a prima facie case for specific jurisdiction.
Thus, the question becomes whether the Defendants have such a connection with North Carolina that it is fair for the defendant to defend itself here. With regard to the TAG Defendants, they did not have any meaningful or intended contact with North Carolina or its residents sufficient for the exercise of personal jurisdiction. Defendant TAG VI has never been a resident of North Carolina, nor does it maintain an office in North Carolina (DE 21-2, ¶ 11). It does not regularly conduct business activities in North Carolina. Id. at ¶ 12-13. TAG VI does not maintain bank accounts or other assets in North Carolina. Id. at ¶ 14. Its limited contact with North Carolina stems solely from Plaintiffs' current residence in North Carolina, and includes only sporadic meetings. Id. at ¶ 15. Defendant Tagliaferri also has no meaningful personal connection with North Carolina. He has never: 1) been a North Carolina resident; 2) worked for or owned a North Carolina corporation; 3) owned or leased real property in North Carolina: or 4) maintained bank accounts in North Carolina. Id. at ¶¶ 18-20. His
In short,: 1) Plaintiffs' proposed line of inquiry would not alter the analysis of the personal jurisdiction issue; 2) Plaintiffs' claims of personal jurisdiction appears to be attenuated and based on bare allegations; and 3) Plaintiffs have offered only speculative and conclusory assertions about Defendants' contacts with North Carolina. For these reasons, the instant motion (DE-30) is DENIED.
In the alternative, the undersigned notes that The Private Securities Litigation Reform Act ("PSLRA") states that when plaintiffs assert claims under the Securities Exchange Act of 1934, "all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds, upon the motion of any party, that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party." 15 U.S.C. § 78u-4(b)(3)(B). Because Plaintiffs have failed make even a prima facie showing of personal jurisdiction, they have failed to establish they would be "unduly prejudiced" by a discovery stay. See, In re Baan Securities Litigation, 81 F.Supp.2d 75 (D.D.C.2000). Therefore, the PSLRA provides an alternate basis for denying Plaintiffs' request.
For the aforementioned reasons, Plaintiffs' motion for leave to conduct expedited jurisdictional discovery (DE-30) is DENIED.