Cross v. Rodgers

MOTION to Dismiss for Lack of Jurisdiction

M.D. Tenn.January 27, 2017

34910986v2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JASON CROSS a/k/a MIKEL KNIGHT, Plaintiff, v. KYLAN RODGERS, an individual, DONNA TAYLOR, an individual, SHANNON BASEMAN, an individual, and JOHN AND/OR JANE DOES 1-10, being An individual or individuals who act as administrator(s) of the Facebook page “Families Against Mikel Knight and the MDRST” on which false and defamatory statements were made, and whose identity is unknown to the Plaintiff at this time but who will be added by amendment when ascertained, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: 3:16-cv-1128 JURY DEMAND JUDGE CRENSHAW DEFENDANT SHANNON BASEMAN’S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION Pursuant to Federal Rules of Civil Procedure 12(b)(2), Defendant Shannon Baseman (“Baseman”) moves the Court to dismiss this action against her for lack of personal jurisdiction.1 As grounds for this motion, Baseman would show the Court as follows: 1. In his Complaint, Plaintiff Jason Cross a/k/a Mikel Knight (“Knight”) does not allege that Baseman has sufficient minimum contacts with Tennessee to justify this Court exercising general or specific personal jurisdiction over Baseman. Nor could Knight 1 Baseman submits this Motion to Dismiss for Lack of Personal Jurisdiction without waiving any other defenses, including, but not limited to, failure to state a claim upon which relief can be granted. Case 3:16-cv-01128 Document 27 Filed 01/27/17 Page 1 of 3 PageID #: 98 34910986v2 successfully make such allegations, as Baseman does not have sufficient minimum contacts with Tennessee to satisfy the Due Process Clause of the Fourteenth Amendment. 2. Instead, Knight alleges that this Court may exercise personal jurisdiction over Baseman because Baseman filed a previous wrongful death lawsuit in this Court against Knight and others as the duly appointed Wrongful Death Representative of the Estate of Taylor Nixon, Deceased (the “Wrongful Death Case”). 3. The filing of a previous lawsuit in a particular jurisdiction can operate as implied consent to jurisdiction, or a waiver of due process considerations, only when the two lawsuits arise from the same nucleus of operative facts. Knight’s defamation claims against Baseman in this case do not arise from the same nucleus of operative facts as the Wrongful Death Case. Thus, the prior lawsuit cannot and does not provide a valid basis for this Court exercising personal jurisdiction over Baseman. Based on the foregoing, Defendant Shannon Baseman respectfully moves the Court to dismiss Knight’s claims against her for lack of personal jurisdiction. In support of this Motion, Baseman relies upon her Memorandum of Law and the Declaration of Shannon Baseman, both of which have been filed contemporaneously herewith. Respectfully submitted, /s/ Charles I. Malone Charles I. Malone (BPR #22904) B. Hart Knight (BPR #25508) Paige M. Ayres (BPR #34133) BUTLER SNOW LLP 150 Third Avenue South, Suite 1600 Nashville, TN 37201 Phone: (615) 651-6700 Fax: (615) 651-6701 Attorneys for Defendant Shannon Baseman Case 3:16-cv-01128 Document 27 Filed 01/27/17 Page 2 of 3 PageID #: 99 34910986v2 CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing has been served upon Filing Users via the electronic filing system on the following: Todd G. Cole Cole Law Group 750 Old Hickory Blvd. Building Two, Suite 202 Brentwood, TN 37027 Attorney for Plaintiff and by email and first-class United States Mail, postage prepaid, on the following: Tracy W. Cary P.O. Box 1649 Dothan, Alabama 36302 William B. Hickey 3102 West End Avenue, Suite 400 Nashville, TN 37203 Attorneys for Defendants Kylan Rodgers and Donna Taylor /s/ Charles I. Malone Case 3:16-cv-01128 Document 27 Filed 01/27/17 Page 3 of 3 PageID #: 100