Estate of Rick v. Stevens, C 00-4144-MWB.

Citation145 F.Supp.2d 1026
Decision Date11 June 2001
Docket NumberNo. C 00-4144-MWB.,C 00-4144-MWB.
PartiesESTATE OF John RICK, Jr., by Peg RICK, personal representative, and Peg Rick, Individually, Tricia Rick, and Sara Rick, Plaintiffs, v. Gilmore STEVENS, Q Carriers, Inc., a Minnesota corporation, and Valley Ridge Leasing, Inc., a Minnesota corporation, Defendants.
CourtUnited States District Courts. 8th Circuit. Northern District of Iowa

William K. Stoos, William Kevin Stoos, P.C., Sioux City, IA, for plaintiffs.

John Werner, Grefe & Sidney, PLC, Des Moines, IA, for defendants.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS

BENNETT, Chief Judge.

                TABLE OF CONTENTS
                1. INTRODUCTION ........................................................ 1029
                 II. LEGAL ANALYSIS ...................................................... 1030
                     A. Personal Jurisdiction ............................................ 1030
                        1. Principles of personal jurisdiction ........................... 1030
                        2. Application of the principles ................................. 1032
                     B. Forum Non Conveniens ............................................. 1034
                        1. Applicable principles ......................................... 1035
                        2. Application of the principles ................................. 1037
                           a. Dismissal pursuant to the forum non conveniens doctrine .... 1037
                           b. Transfer pursuant to § 1404(a) ............................. 1039
                III. CONCLUSION .......................................................... 1040
                

Where should this case be litigated? In this case, although the plaintiffs' decedent's estate is in Iowa, two of the defendants contend that they have insufficient contacts with the forum and there is insufficient relationship between their contacts with the forum and the plaintiffs' personal injury claims for the exercise of personal jurisdiction over them to comport with due process. These defendants also contend that the forum is too inconvenient for this litigation to proceed here. Therefore, the court is presented with separate motions by the two defendants to dismiss this action for lack of personal jurisdiction over them and their joint motion to dismiss or transfer this action pursuant to the forum non conveniens doctrine.

I. INTRODUCTION

This diversity action involves personal injury claims arising from an automobile accident in Juneau County, Wisconsin, on January 8, 1999. Plaintiffs' decedent, John Rick, Jr., an Iowa resident, suffered fatal injuries in an accident involving his vehicle, two vehicles driven by Wisconsin residents, and a semi-trailer truck operated by defendant Gilmore Stevens, a South Carolina resident, and leased from defendant Valley Ridge Leasing, Inc. (Valley Ridge), a Minnesota corporation. At the time of the accident, Gilmore was hauling a load as an employee or independent contractor of defendant Q Carriers, Inc., a Minnesota corporation.

This matter comes before the court pursuant to the separate motions to dismiss for lack of personal jurisdiction filed on December 8, 2000, by Valley Ridge and Stevens. The plaintiffs, collectively referred to herein as "Rick's Estate," resisted that motion on April 5, 2001, after various extensions of time to obtain discovery. Following a telephonic conference on April 27, 2001, Valley Ridge and Stevens also filed a joint motion to dismiss or transfer based on forum non conveniens on May 10, 2001.1 Rick's Estate resisted that motion on May 11, 2001.

The court heard oral arguments on the defendants' motions to dismiss and for a change of venue on Friday, May 25, 2001. At the oral arguments, plaintiff Estate of John Rick, Jr., and individual plaintiffs Peg Rick, Tricia Rick, and Sara Rick were represented by William K. Stoos of William Kevin Stoos, P.C., in Sioux City, Iowa. Defendants Valley Ridge Leasing, Inc., and Gilmore Stevens were represented by John Werner of Grefe & Sidney, P.L.C., in Des Moines, Iowa.

II. LEGAL ANALYSIS
A. Personal Jurisdiction

Although they challenged personal jurisdiction separately, defendants Valley Ridge and Stevens both contend that they do not regularly conduct business in Iowa in such a way that they should be subjected to the jurisdiction of this court. Specifically, they contend that neither has an agent, office, bank accounts, a residence, or property in this state, and neither solicits any business here. Although both acknowledge business "contacts" with Iowa, they contend that such contacts are relatively infrequent and fortuitous. Valley Ridge contends that it is a Minnesota corporation with only 9 of its 164 contracts for leases on tractor trailers with Iowa residents. Stevens contends that he is a resident of South Carolina and that his truck routes for Q Carriers only occasionally take him through Iowa or involve hauling freight into or out of Iowa. What each of the defendants contends is fatal to the assertion of personal jurisdiction in this case, however, is that none of their contacts with this forum has any relationship to Rick's Estate's cause of action arising from a vehicle accident in Wisconsin. To the extent that convenience of the forum weighs in the personal jurisdiction analysis, they both contend that the accident occurred in Wisconsin, relevant witnesses, including other drivers, medical and law enforcement personnel, and other witnesses reside in or could more conveniently appear in Wisconsin.

Rick's Estate contends that, contrary to Valley Ridge's and Stevens's assertions, these defendants have frequent and extensive contacts with Iowa, and that Valley Ridge specifically solicits business in this state via its website. Rick's Estate also contends that Valley Ridge, Stevens, and Q Carriers — which has not challenged personal jurisdiction — are effectively alter egos of each other in the way they conduct their business in this and other states, such that it is appropriate to extend personal jurisdiction over Q Carriers to Valley Ridge and Stevens. For example, Rick's Estate points out that trucks leased from Valley Ridge traveled over 1.5 million miles in Iowa per year in the course of fulfilling Q Carriers's contracts, including contracts with several packing plants in Iowa. Rick's Estate also points out that Stevens has made dozens of trips through Iowa or to pick up or deliver freight in Iowa in the course of his employment or contractor relationship with Q Carriers. Rick's Estate contends that these defendants' extensive and frequent contacts with Iowa are sufficient to confer "general" jurisdiction over them, notwithstanding the lack of a nexus between their contacts and the accident at the heart of the claims in this action.

1. Principles of personal jurisdiction

This court recently summarized the requirements of personal jurisdiction, and the appropriate analytical process to determine whether a federal court has such jurisdiction, as follows:

The determination of whether or not a federal court has personal jurisdiction over a nonresident defendant involves a two-step analysis. Genetic Implant Sys., Inc. v. Core-Vent Corp., 123 F.3d 1455, 1457-58 (Fed.Cir.1997); Northrup King Co. v. Compania Productora Semillas Algodoneras Selectas, S.A., 51 F.3d 1383, 1387 (8th Cir.1995); Gould v. P.T. Krakatau Steel, 957 F.2d 573, 575 (8th Cir.), cert. denied, 506 U.S. 908, 113 S.Ct. 304, 121 L.Ed.2d 227 (1992); Wines v. Lake Havasu Boat Mfg., Inc., 846 F.2d 40, 42 (8th Cir.1988). First, the court must decide whether the facts satisfy the forum state's long-arm statute. Northrup King Co., 51 F.3d at 1387; Wines, 846 F.2d at 42. If the statute has been satisfied, then the court must address whether the facts show that the nonresident has minimum contacts with the forum state such that the court's exercise of jurisdiction would be fair and in accordance with the due process clause of the Fourteenth Amendment. Northwest Airlines, Inc. v. Astraea Aviation Services, Inc., 111 F.3d 1386, 1390 (8th Cir.1997); Moog World Trade Corp. v. Bancomer, S.A., 90 F.3d 1382, 1384 (8th Cir.1996); Genetic Implant Systems, Inc., 123 F.3d 1455, 1457-58; Northrup King Co., 51 F.3d at 1387; Soo Line R.R. Co. v. Hawker Siddeley Canada, Inc., 950 F.2d 526, 528 (8th Cir.1991); Wines, 846 F.2d at 42.

1. Long-arm authority

In this case, the long-arm authority for defendant's service was Iowa Rule of Civil Procedure 56.2, which gives Iowa courts jurisdiction to the fullest constitutional extent. See Larsen v. Scholl, 296 N.W.2d 785, 788 (Iowa 1980); Aquadrill, Inc. v. Envtl. Compliance Consulting Services, Inc., 558 N.W.2d 391, 392 (Iowa 1997) (citing Larsen). Because the rule has been interpreted to confer jurisdiction to the fullest extent permitted by the due process clause, the personal jurisdiction inquiry here collapses into the single question of whether exercise of personal jurisdiction comports with due process. See Bell Paper Box, Inc. v. U.S. Kids, Inc., 22 F.3d 816, 818 (8th Cir.1994).

2. Minimum Contacts

Under the due process clause, the constitutional touchstone is whether [the defendant] has established sufficient minimum contacts with Iowa such that the exercise of jurisdiction here does not offend traditional notions of fair play and substantial justice. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985); International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945); Northwest Airlines, Inc., 111 F.3d at 1390. In determining minimum contacts, a court properly focuses on "the relationship among the defendant, the forum, and the litigation." Shaffer v. Heitner, 433 U.S. 186, 204, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977).

Wells' Dairy, Inc. v. Estate of J.P. Richardson, 89 F.Supp.2d 1042, 1047-49 (N.D.Iowa 2000); see also Foslip Pharmaceuticals, Inc. v. Metabolife Int'l, Inc., 92 F.Supp.2d 891, 899-900 (N.D.Iowa 2000) (quoting Wells' Dairy). In this case...

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