Free Motion to Dismiss/Lack of Personal Jurisdiction - District Court of Delaware - Delaware

Case 1 :08-cv-00014-SLR Document 9 Filed O3/24/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUSAN SHOEMAKER, )
)
Plaintiff, )
)
v. ) No.: 08 cv 14 SLR
J
CHELCIE McCONNELL and ) Jury Trial Demanded
STACEY McCONNELL, )
)
Defendants. )
DEFENDANTS CHELCIE McCONNELL AND
STACEY McCONNELL’S MOTION TO DISMISS
STEPHEN P. CASARINO, ESQ.
Delaware Bar I.D. No. 174
[email protected]
SARAH C. BRANNAN, ESQ.
Delaware Bar I.D. N0. 4685
[email protected]
800 N. King Street, Suite 200
Wilmington, DE 19899-1276
(302) 594-4500
Attorneys for the Defendants
Attorneys for Plaintiff: Vincent J. X. Hedrick, II, Esq.
Beverly L. Bove, Esq.
March 18, 2008

Case 1:08-cv-00014-SLR Document 9 Filed O3/24/2008 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUSAN SHOEMAKER, )
Plaintiff, )
v. ) No.: 08 cv 14 SLR
CHELCIE McCONNELL and ) Jury Trial Demanded
STACEY McCONNELL, )
Defendants. )
MOTION TO DISMISS
Defendants Chelcie McConnell and Stacey McConnell move, pursuant to Rule 12(b)(2),
to dismiss the above captioned action against them for lack of personal jurisdiction. In support
of their motion, the defendants state as follows:
1. The plaintiff, Susan Shoemaker, has filed this action in the U.S. District Court for
the District of Delaware. A copy of the complaint is attached as ‘°Exhibit A".
2. Although the complaint does not state where the accident occurred, the
defendants represent that the accident occurred in the State of Ohio. In addition, at all relevant
times, defendants resided in the State of Ohio.
3. In order for the district court to properly exercise personal jurisdiction over the
defendants, the defendants must have minimal contacts with the forum state with regard to the
cause of action. International Shoe v. Washington, 326 U.S. 310, 319 (1945) (cause of action
must "arise out of’ or "relate to" the defendant’s contacts with the forum); Burger King Corp. v.
Rudzewicz, 471 U.S. 462, 472 (1985); Grimes v. Vitalink Communications Corp., 17 F.3d 1553
-1-

Case 1:08-cv-00014-SLR Document 9 Filed O3/24/2008 Page 3 of 3
(3d Cir. 1994), cert. denied, 513 U.S. 986 (1994). This contact may be specific or general in
nature. Grimes, 17 F.3d at 1559 (discussing requisites for cou1t’s exercise of personal
jurisdiction.)
4. Defendants have had no contacts with Delaware as a general matter or as
specifically related to the accident.
5. Plaintiff has not presented any evidence establishing personal jurisdiction of the
U.S. District Court for the State of Delaware over the defendants. Hansen v. Neurnueller GmbH,
163 F.R.D. 471, 474-75 (D. Del. 1995).
6. Because the defendants lack the minimal contacts required for assertion of
personal jurisdiction over them by this Court, this Court lacks personal jurisdiction to hear the
matter.
WHEREFORE, for the reasons discussed above, defendants Chelcie McConnell and
Stacey McConnell respectfully request that the instant motion to dismiss be granted.
Respectfully submitted,
/s/ Sarah C. Brannan
STEPHEN P. CASARINO, ESQ.
Delaware Bar I.D. No. 174
Scasarino@,casarino.com
SARAH C. BRANNAN, ESQ.
Delaware Bar I.D. No. 4685
[email protected]
800 N. King Street, Suite 200
Wilmington, DE 19899-1276
(302) 594-4500
Attorneys for the Defendants
March 18, 2008
-2-

Case 1:08-cv-00014-SLR Document 9-2 Filed 03/24/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUSAN SHOEMAKER, )
Plaintiff, g
v. g ‘ N0.: 08 cv 14 SLR
CHELCIE McCONNELL and g Jury Trial Demanded
STACEY McCONNELL, )
Defendants. 3
ORDER
AND NOW, this day of , 2008, the Court having heard
and considered Defendants Motion, IT IS HEREBY ORDERED that the above captioned case is
DISMISSED with prejudice.


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