Graham v. Dyncorp Int'l, Inc.

• Decision Date: 19 September 2013
• Docket Number: Civil Action No. 3:13–CV–00065.
• Citation: 973 F.Supp.2d 698
• Parties: Angela GRAHAM, Plaintiff, v. DYNCORP INTERNATIONAL, INC.; and Dyncorp International, LLC, Defendant.
• Court: U.S. District Court — Southern District of Texas

973 F.Supp.2d 698

Angela GRAHAM, Plaintiff,

v.DYNCORP INTERNATIONAL, INC.; and Dyncorp International, LLC, Defendant.

Civil Action No. 3:13–CV–00065.

United States District Court,

S.D. Texas,

Galveston Division.

Sept. 19, 2013.

Amy Bailey Hargis, Patrick Mason Dennis, Michael P. Doyle, Doyle Raizner LLP, Houston, TX, for Plaintiff.

R. Brent Cooper, Cooper Scully PC, Dallas, TX, for Defendant.

MEMORANDUM AND ORDER

GREGG COSTA, District Judge.

This case arises from an accident at Camp Davis, an American military base in Afghanistan. Plaintiff Angela Graham, a resident of Oklahoma, filed suit against DynCorp International, Inc. (DynCorp Inc.) and DynCorp International, LLC (DynCorp LLC). Both DynCorp entities move to dismiss for improper venue on the ground that they lack continuous and systematic general business contacts in this forum. See Docket Entry Nos. 4; 13. Alternatively, they seek a convenience transfer to the Eastern District of Virginia. Having reviewed the parties' pleadings and briefing, the facts, and the law, this Court determines that venue is improper in this District. In deciding how to respond to that deficiency, the Court dismisses DynCorp Inc. but exercises its option of transferring the case against DynCorp LLC, and concludes that the Northern District of Texas, Fort Worth Division, is the most convenient forum in which venue lies against that defendant.

I. Background¹

On April 10, 2011, while stationed at Camp Davis, Graham sustained injuries when a vehicle driven by a DynCorp employee hit the portable laundry container where Graham was located. Graham claims that the collision resulted in serious injuries to her back, neck, and jaw. The accident worksheet lists the cause as inattentive driving and indicates that the accident was drug or alcohol related.

Although the injury occurred in Afghanistan and Graham is a resident of Oklahoma, Graham brought this action for negligence in federal court in the Southern District of Texas. The original complaint named only DynCorp Inc. as a defendant. That entity filed a motion to dismiss for lack of venue, or in the alternative, to transfer venue to the Eastern District of Virginia. Graham then filed an amended complaint adding DynCorp LLC as a defendant. The LLC then filed a motion to dismiss mirroring the arguments made in the first motion to dismiss.

II. Legal Standard

A party may move to dismiss an action based on improper venue pursuant to Rule 12(b)(3). SeeFed.R.Civ.P. 12(b)(3). Once a defendant challenges venue, the plaintiff has the burden of demonstrating that the chosen venue is proper. Am. Gen. Life Ins. Co. v. Rasche, 273 F.R.D. 391, 396 (S.D.Tex.2011) (citation omitted). “On a Rule 12(b)(3) motion to dismiss for improper venue, the court must accept as true all allegations in the complaint and resolve all conflicts in favor of the plaintiff.” Braspetro Oil Servs. Co. v. Modec (USA), Inc., 240 Fed.Appx. 612, 615 (5th Cir.2007) (per curiam) (citations omitted). If venue is lacking, section 1406 instructs district courts to “dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). The decision to dismiss or transfer lies within the court's discretion. AllChem Performance Prods., Inc. v. Aqualine Warehouse, LLC, 878 F.Supp.2d 779, 788 (S.D.Tex.2012) (citing Dubin v. United States, 380 F.2d 813, 815 (5th Cir.1967)).

III. DiscussionA. The Venue Standard

Graham contends that venue is proper in the Southern District of Texas because the DynCorp entities resides in this district. See28 U.S.C. § 1391(b)(1). Venue is proper in a district “in which any defendant resides, if all defendants are residents of the State in which the district is located.” 28 U.S.C. § 1391(b). The statute then defines residence for various types of parties, including business entities: “[A]n entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question.” Id. § 1391(c)(2). The venue analysis thus largely collapses into a personal jurisdiction analysis.

There is a twist, however, in states like Texas with multiple federal judicial districts. In this situation, a “corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State.” ²Id. § 1391(d). The Court will thus conduct a personal jurisdiction “contacts” analysis, but with the Southern District of Texas, rather than the State of Texas, being the relevant jurisdiction.

Note the emphasis on a “contacts” analysis. Some courts applying section 1391(d)'s multi-district residence rule ³ undertake a full personal jurisdiction inquiry, with the first step of considering the forum state's long arm statute and then proceeding to the Due Process Clause's “minimum contacts” analysis. See, e.g., Zinn v. Gichner Sys. Grp., No. CIV.A. 93–5817, 1994 WL 116014, at *2–3 (E.D.Pa. Apr. 5, 1994); Walbro Automotive Corp. v. Apple Rubber Prods., Inc., No. 92 Civ. 4179(KMW), 1992 WL 251449, at *3 (S.D.N.Y. Sept. 18, 1992);Ill. Tool Works v. Rawlplug Co., No. 90 C 1742, 1990 WL 171601, at *3 (N.D.Ill. Oct. 25, 1990). This Court will follow the better-reasoned approach that recognizes the venue statute only refers to the “contacts [that] would be sufficient to subject it to personal jurisdiction if that district were a separate State.” 28 U.S.C. § 1391(d) (emphasis added); see Smehlik v. Athletes & Artists, Inc., 861 F.Supp. 1162, 1169–70 (W.D.N.Y.1994); Bicicletas Windsor, S.A. v. Bicycle Corp. of Am., 783 F.Supp. 781, 786 (S.D.N.Y.1992); Benetton Mfg. Corp. v. Ben–Acadia Ltd., No. 89–1119, 1989 WL 106473 (E.D.La. Sept. 14, 1989); 14D Charles Alan Wright et al., Federal Practice & Procedure § 3811.1 (“Since the statute does not say that it should, and there is no good reason to assume that the particular district would have the same long-arm statute as the state if it were a separate state, perhaps the better view is that whether this test is satisfied is wholly a question of federal law and that state law on amenability to process is irrelevant to the federal venue decision.”).

With respect to that “minimum contacts” analysis, “the canonical opinion ... remains [International Shoe ], in which [the Supreme Court] held that a State may authorize its courts to exercise personal jurisdiction over an out-of-state defendant if the defendant has ‘certain minimum contacts with [the State] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.’ ” Goodyear Dunlop Tires Operations, S.A. v. Brown, ––– U.S. ––––, ––––, 131 S.Ct. 2846, 2853, 180 L.Ed.2d 796 (2011) (quoting Int'l Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945)). “There are two types of ‘minimum contacts': those that give rise to specific personal jurisdiction and those that give rise to general personal jurisdiction.” Lewis v. Fresne, 252 F.3d 352, 358 (5th Cir.2001). In this case, Graham rightly does not contend that specific jurisdiction exists, given that the injury occurred in Afghanistan, so the sole issue is general jurisdiction.

General personal jurisdiction is “all-purpose” and grants a court the power “to hear any and all claims against” a party regardless of where the events at issue took place. Goodyear, 131 S.Ct. at 2851 (quotation and citation omitted). As highlighted by recent Supreme Court decisions, general jurisdiction requires a substantially higher degree of contacts than specific jurisdiction. Compare Goodyear, 131 S.Ct. at 2851 (ruling on general jurisdiction), with J. McIntyre Mach., Ltd. v. Nicastro, –––U.S. ––––, –––– – ––––, 131 S.Ct. 2780, 2787–88, 180 L.Ed.2d 765 (2011) (ruling on specific jurisdiction).

A court has general jurisdiction over a nonresident defendant “when their affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” Goodyear, 131 S.Ct. at 2851 (quoting Int'l Shoe, 326 U.S. at 317, 66 S.Ct. 154). “The ‘continuous and systematic contacts test is a difficult one to meet, requiring extensive contacts between a defendant and a forum.’ ” Johnston v. Multidata Sys. Int'l Corp., 523 F.3d 602, 609 (5th Cir.2008) (quoting Submersible Sys., Inc. v. Perforadora Cent., S.A., 249 F.3d 413, 419 (5th Cir.2001)). Under this test, the defendant's “contacts must be reviewed in toto, and not in isolation from one another.” Id. at 610 (citations omitted). Continuous or repeated contacts will not be sufficient unless they are “so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities.” Pervasive Software, Inc. v. Lexware GmbH & Co. KG, 688 F.3d 214, 221 (5th Cir.2012) (quoting Goodyear, 131 S.Ct. at 2853). “Random, fortuitous, or attenuated contacts are not sufficient to establish jurisdiction.” Moncrief Oil Int'l Inc. v. OAO Gazprom, 481 F.3d 309, 312 (5th Cir.2007) (citation omitted).

B. General Jurisdiction Analysis

The venue statute's requirement of conducting a “contacts” analysis for the judicial district rather than the forum state turns out to doom Graham's attempt to subject Defendants to this Court's jurisdiction. While the Court concludes that DynCorp LLC has sufficient contacts to be subject to general jurisdiction in Texas because of its substantial presence in Fort Worth, see infra Section III.C, its contacts limited to the Southern District do not meet the high level required for general jurisdiction.

1. DynCorp Inc.

With respect to DynCorp Inc., the Court sees few, if any, contacts with this District or with Texas. The government contracts in Texas that...