Have a copy of the opposition to your dismissal motion? Maybe we can do some teamwork, here, at least I might be able to give you a neutral view, Jeff too. Interesting that the judge is in a way hinting you should reply, which is why I wanted to see the opp. to your motion, why it might have merit, what prompted the judge to almost order a reply.
As for the fees, you live in California, right? You may have a point re service fees but the problem is you need to have service quashed then based on a lack of personal jurisdiction. I didn't see too much discussion of that in the order. Did you file a motion to dismiss not just for failure to state a claim (Rule 12) but also for lack of personal (also called "in personam") jurisdiction? It seems to me that the federal claims were dismissed and cannot be repleaded because she didn't purchase or sell securities, plus a few other factors, so there are no Exchange Act claims, and that's the only statute that calls for nationwide service of process, meaning you serve someone in the US that's it there would be jd in that court. What contact do you have to New York? Do you conduct any business there? If so, then there is general jd, even if it has nothing to do with the case. If you have minimum (but really misleading word they have to be substantial enough and directly related) contacts with NY related to this dispute then there's specific jd. But if there are no contacts, then there's no jd. I'll be happy to cite you some cases about personal jurisdiction I've learned about, because Rea and TP just tried to dismiss in Texas federal court based on jd - but he admitted he went to Texas specific nexus with my claims and also under RICO if you're served in the US that's it.
The most famous jd cases are International Shoe, Helicopteros Nacionales and Burger King, but you probably knew that :-). |
