Estate of Manook v. RESEARCH TRIANGLE INSTITUTE

• Decision Date: 05 February 2010
• Docket Number: Civil Action No. 1:08-0096-JDS,1:08-0595-JDS.
• Citation: 693 F. Supp.2d 4
• Parties: ESTATE OF Marani Awanis MANOOK, Plaintiff, v. RESEARCH TRIANGLE INSTITUTE, INTERNATIONAL and UNITY RESOURCES GROUP, L.L.C., Defendants. Jalal Askander Antranick, Plaintiff, v. Research Triangle Institute, International and Unity Resources Group, L.L.C., Defendants.
• Court: U.S. District Court — District of Columbia

693 F. Supp.2d 4

ESTATE OF Marani Awanis MANOOK, Plaintiff, v. RESEARCH TRIANGLE INSTITUTE, INTERNATIONAL and UNITY RESOURCES GROUP, L.L.C., Defendants.

Jalal Askander Antranick, Plaintiff, v. Research Triangle Institute, International and Unity Resources Group, L.L.C., Defendants.

Civil Action Nos. 1:08-0096-JDS, 1:08-0595-JDS.

United States District Court, District of Columbia.

February 5, 2010.

William T. O'Neil, Burke O'Neil LLC, Washington, DC, for Plaintiff.

Douglas P. Faucette, Locke Lord Bissell & Liddell, LLP, Washington, DC, Kevin J. Walsh, R. James DeRose, III, Locke Lord Bissell & Liddell LLP, New York, NY, Clifton L. Brinson, Mark Alan Ash, Smith Anderson Blount Dorsett Mitchell & Jernigon, LLP, Raleigh, NC, Eric W. Bloom, Karen Sugden Manley, Sarah E. Saucedo, Winston & Strawn LLP, Washington, DC, Defendants.

MEMORANDUM OPINION AND ORDER

JACK D. SHANSTROM, Senior District Judge.

Presently before the Court are pending Motions to Dismiss by Defendants Research Triangle Institute ("RTI") and Unity Resources Group ("Unity") in the separate cases of Plaintiffs Marani Awanis Manook and Jalal Askander Antranick. Because the factual and legal issues in both cases are similar, the Parties have agreed to consolidate their respective cases for the purposes of this Order.

In Plaintiff Manook's case, Defendant RTI's Motion seek (1) to dismiss Plaintiff Manook's First Amended Complaint; (2) for a More Definite Statement with respect to Counts IV-XVI; and (3) to transfer any remaining claims to the U.S. District for the Eastern District of North Carolina.

In Plaintiff Antranick's case, Defendant RTI's Motion seeks to (1) dismiss Plaintiff's Complaint; (2) to Strike Plaintiff's Request for Declaratory Judgment and Injunctive Relief; and (3) to transfer any remaining claims to the U.S. District of North Carolina.

In both Plaintiffs Manook and Antranick's cases, Defendant Unity's Motion seeks to dismiss for (1) lack of personal jurisdiction and (2) failure of service of process. A hearing has been held on these motions and the Court is prepared to render a ruling at this time.

FACTUAL BACKGROUND

Defendant Research Triangle Institute is under contract with the United States Agency for International Development ("USAID") to provide governmental development and support to the Iraqi government. Defendant Unity Resources Group is a private security contractor employed by Defendant RTI to provide protection to RTI employees and staff while they are in Iraq.

The Complaints allege that on October 9, 2007, Plaintiff Marani Awanis Manook was driving on Karrada Street in Baghdad, Iraq. Genevia Jalal Antranick, named Plaintiff Jalal Askander Antranick's daughter, was a passenger in Manook's vehicle. Plaintiffs allege that Defendant Unity personnel, while in the course of their service to Defendant RTI, shot and killed Marani Manook and Genevia Antranick without cause. Plaintiffs allege other incidents wherein other Iraqi citizens were killed by Defendant Unity.

Plaintiffs bring claims for (1) war crime violations of the Alien Tort Statute; (2) Aiding and Abetting under the Alien Tort Statute; (3) violations of the Torture Victim Protection Act; (4) Assault and Battery; (5) Wrongful Death; (6) Intentional Infliction of Emotional Distress; (7) Negligence; (8) Negligence in failing to rescue; and (9) Negligent Hiring, Training and Supervision.

Given that the issues in both cases are very similar, the pending motions shall be consolidated and analyzed together.

STANDARD OF REVIEW

Rule 12(c) of the Federal Rules of Civil Procedure states that "after the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings." Fed.R.Civ.P. 12(c). The standard of review for motions for judgment on the pleadings under Rule 12(c) of the Federal Rules is essentially the same as that for motions to dismiss under Rule 12(b)(6). See Schuchart v. La Taberna Del Alabardero, Inc., 365 F.3d 33, 35 (D.C.Cir.2004); Ramirez v. Dep't of Corrections, 222 F.3d 1238, 1240-41 (10th Cir.2000); Haynesworth v. Miller, 820 F.2d 1245, 1254 (D.C.Cir.1987). On either motion, the Court may not rely on facts outside the pleadings and must construe the complaint in the light most favorable to the non-moving party. See Kowal v. MCI Communications Corp., 16 F.3d 1271, 1276 (D.C.Cir.1994). As with a motion to dismiss under Rule 12(b)(6), a court may grant judgment on the pleadings only if the facts alleged in the complaint do not "raise a right to relief above the speculative level," Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), or fail to "state a claim to relief that is plausible on its face." Id. at 570, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929; see also Nat'l Shopmen Pension Fund v. Disa, 583 F.Supp.2d 95, 99 (D.D.C.2008) (dismissal is appropriate under Rule 12(c) "if the plaintiff fails to plead `enough facts to state a claim to relief that is plausible on its face.'" (citing Bell Atlantic Corp. v. Twombly, 550 U.S. at 570, 127 S.Ct. 1955, 167 L.Ed.2d 929)).

DISCUSSION

1. Defendant Unity Resources Group's Motions to Dismiss

In bringing the present motion, Defendant Unity contends that (1) it has not been properly served and (2) this Court lacks personal jurisdiction over Unity.

A. SERVICE OF PROCESS—relates solely to Plaintiff Manook's case

Regarding the issue of proper service of process, Unity contends that it is a corporation organized under the laws of the country of Singapore with its principal base of business in Dubai, in the United Arab Emirates. Unity contends that Plaintiff Manook provided "Notice of Service" to Unity on March 4, 2008 by sending a package of documents, including the summons, original complaint to Unity's offices in Dubai by DHL and Federal Express.¹ Defendant contends that Plaintiff Manook's "Notice of Service" stated that it served Unity pursuant to Rule 4(f)(2)(C)(ii) which allows service in a foreign country to be done by use of "any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt. . ." Id.

Fed.R.Civ.P. 4 directs service of process in civil suits. Rule 4(h)(2) directs service of a corporation in a place "not within any judicial district of the United States" to be done in a manner prescribed by Rule 4(f) for serving an individual, "except personal delivery under (f)(2)(C)(i)." Id.

Defendant Unity contends that Plaintiff Manook's service of process is defective on the grounds that (1) the DHL package was not addressed to Unity's current address and as such was not properly addressed to Defendant as required by Rule 4(f)(2)(C)(ii); (2) the clerk's prepared package was delivered to DHL by Plaintiff's counsel, a non-neutral party; (3) Plaintiff's manner in which it performed the service of process was not only contrary to the Federal Rules, it conflicts with how the U.S. District of Columbia's Clerks Office performs delivery; (4) the record reflects no evidence that the Clerk's Office effectuated service on Defendant Unity; and (5) a private courier, like the one Plaintiff Manook used, is not considered "mail" for purposes of Rule 4.

In response, Plaintiff Manook states that the Clerk's office was very much involved in the service of the necessary documents on Defendant Unity. Specifically, Manook contends that the Clerk's Office addressed and sealed the document package and made two attempts to use a commercial messenger service but to no avail.² Consequently Plaintiff's Attorney then acted as the courier to DHL and did nothing more than deliver the document package.

This Court finds that the Clerk's Office was in fact engaged in the process serving and that good faith efforts were made to serve via commercial messenger service and therefore that is sufficient for this Court to conclude that Plaintiff's conduct did not invalidate service. Moreover, Defendant Unity has failed to show evidence of malfeasance or some prejudice (aside from being sued of course) by Plaintiff in her efforts to effectuate proper service.

Regarding Unity's claim that delivery to an incorrect address negates proper service, Plaintiff Manook states that the delivered address (although ultimately incorrect) was published on Unity's website as its business address. Further Unity admits that this address was its prior business address and remains the address of an affiliated business. Defendant Unity cites to a number of cases wherein private courier is insufficient to establish proper service.

However, this issue is rendered moot because this Court concludes that Unity has since been properly served via the Mayor of the District of Columbia pursuant to D.C.Code § 29-101.108(b). That statute authorizes service upon the mayor when, among other reasons, the registered agent cannot be found with reasonable diligence and does not require a plaintiff to deliver a copy of the process paperwork to the defendant's corporate address. Id. The statute contemplates that after the mayor is served, it is "the mayor who shall immediately cause one of the copies to be forwarded by registered or certified mail to the corporation at its principal office. . . ." D.C. CODE § 29-101.108(b). Moreover, Plaintiff has since discovered Unity's business office here in the District and has served the summons and Complaint onto Defendant Unity pursuant to Fed.R.Civ.P. 4.

For the foregoing reasons, this Court concludes that Plaintiff Manook's efforts are sufficient for purposes of Rule 4 regarding service of process and that Defendant Unity's Motion to Dismiss on improper service shall be DENIED.

B. PERSONAL JURISDICTION—relates to both cases

Defendant Unity contends that it is not subject to personal jurisdiction in this District in either the Manook or the Antranick case. Specifically, Unity contends that it is a non-resident defendant that has neither an enduring relationship nor is doing business in the District of...