JOHN McBRYDE, District Judge.
Before the court for consideration and decision is the motion of defendant McClatchy U.S.A., Inc. ("McClatchy"), to dismiss the claims of plaintiff, Tour Strategy LLC, d/b/a Redan Bilingual Media, against it. Having considered the motion, plaintiff's response thereto, McClatchy's reply, the applicable legal authorities, and the entire record, the court finds that the motion should be granted and that plaintiff's claims against McClatchy should be dismissed.
Plaintiff initiated the above-captioned action on May 23, 2016, by the filing of an original petition in the District Court of Dallas County, Texas, 116th District. The original petition named as defendant "Star-Telegram, d/b/a/ Fort Worth Star Telegram/La Estrella En Casa." On November 4, 2016, the action was transferred to the District Court of Tarrant County, Texas, 153rd Judicial District. On December 5, 2016, plaintiff filed its first amended petition, naming as defendant Star-Telegram, Inc. ("STI"). On December 18, 2017, plaintiff again amended its pleading by the filing of a second amended petition, this time adding as defendants McClatchy and Valassis Sales and Marketing Services, Inc. ("Valassis"). After being served with the second amended petition, McClatchy filed on February 2, 2018, its notice of removal based on diversity of citizenship, to which STI and Valassis consented. McClatchy then made a special appearance, moving the court to dismiss plaintiff's claims against it for lack of personal jurisdiction.
Plaintiff's live pleading is its second amended petition, filed in state court on December 18, 2017.
McClatchy moves the court to dismiss plaintiff's claims against it pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. McClatchy argues it is not a citizen of Texas and has insufficient contacts with the claims asserted in the above-captioned action, the parties, the forum, and Texas, with the result that it cannot be subject to specific or general personal jurisdiction of this court.
The burden is on plaintiff to establish the court's jurisdiction over defendants.
In a diversity action, personal jurisdiction over a nonresident may be exercised if (1) the nonresident defendant is amenable to service of process under the law of the forum state, and (2) the exercise of jurisdiction under state law comports with the due process clause of the Fourteenth Amendment.
For due process to be satisfied, a nonresident must have minimum contacts with the forum state resulting from an affirmative act on the defendant's part and the contacts must be such that the exercise of jurisdiction over defendant does not offend traditional notions of fair play and substantial justice.
For specific jurisdiction to exist, the foreign defendant must purposefully do some act or consummate some transaction in the forum state and the cause of action must arise from or be connected with such act or transaction.
A review of plaintiff's second amended petition and plaintiff's response to McClatchy's motion to dismiss reveal that plaintiff has not made the showing necessary to establish that McClatchy may properly be subject to the exercise of jurisdiction by this court. The second amended petition itself does not contain any factual allegations to support the exercise of personal jurisdiction over McClatchy, a nonresident,
Plaintiff's response to McClatchy's motion to dismiss fares no better. It does not contest any fact or argument made in McClatchy's motion or the motion's attachments, nor was it supported by any evidence on the subject of personal jurisdiction.
The court notes that plaintiff states in its response that it believes McClatchy "appears to be hinting that [plaintiff] sued a McClatchy entity different than the one with whom Redan conducted business." Doc. 16 at 1, ¶ 2. The court has not found in any of the papers on file in this action indication that plaintiff named as a defendant any entity other than the entity it intended to name. Plaintiff further asks that it be granted leave to file an amended complaint naming the proper McClatchy entity. If plaintiff wants the court to consider this request, it should be submitted to the court in the proper form, rather than tacked on to a response to a motion.
For the foregoing reasons,
The court ORDERS that McClatchy's motion to dismiss be, and is hereby, granted, and all claims and causes of action asserted by plaintiff against McClatchy in the above-captioned action be, and are hereby, dismissed.
The court finds that there is no just reason for delay in, and hereby directs, entry of final judgment as to the dismissal of plaintiff's claims against McClatchy.
The court further orders that from this point forward, the style of this action shall be "Tour Strategy LLC, d/b/a Redan Bilingual Media, Plaintiff, v. Star-Telegram, Inc., and Valassis Sales and Marketing Services, Inc., Defendants."
Doc. 1-12, Exhibit D at ECF 14-15. The ECF page number reference is to the ECF header numbers at the tops of the pages in this case.