English v. AM Resorts

Background

Marily English brought a negligence action seeking damages for an alleged slip and fall at Secrets Resorts and Spas Montego Bay in 2018. She alleged that the defendants owned and maintained the resort. She also alleged that, during a 2016 stay, resort management gave her a gift certificate, a business card with a resort manager’s email address, and the URL for www.amresorts.com. English alleged that she later emailed the resort from Salinas, California, to accept an offer to reserve accommodations.

AMResorts, L.P., and ALG Vacations Corp. moved to dismiss under Federal Rule of Civil Procedure 12(b)(2), which concerns lack of personal jurisdiction—the court’s authority over a defendant. They also moved for a more definite statement or, alternatively, to transfer the case to Pennsylvania.

Personal Jurisdiction

The court explained that English had the burden of making at least a preliminary showing that jurisdiction existed. It separately considered general jurisdiction and specific jurisdiction.

English conceded that the moving defendants were not “at home” in California, so the court found no general jurisdiction. For specific jurisdiction, English had to show that the defendants deliberately directed activities toward California or deliberately conducted business there, that her claims arose from those activities, and that exercising jurisdiction would be reasonable.

The court rejected English’s argument that the defendants’ online contacts established specific jurisdiction. English did not provide information about how interactive the defendants’ website was, and she did not allege that she used or visited the website. Apart from the website, she did not allege other contacts that the defendants had with California. The court held that merely maintaining a website viewable by California residents was insufficient to establish the required minimum contacts. Because English failed to satisfy the first part of the specific-jurisdiction test, the court did not address the remaining parts.

Transfer and Disposition

The court considered the defendants’ request to transfer the action to Pennsylvania under 28 U.S.C. § 1631, which permits transfer when a court lacks jurisdiction if transfer would serve the interests of justice. The court concluded that dismissal, rather than transfer, was appropriate. English opposed transfer and acknowledged that the accident occurred in Jamaica, not Pennsylvania. The court also found it unclear whether Secrets Resorts and Spas Montego Bay would be subject to jurisdiction in Pennsylvania.

The court GRANTED the moving defendants’ motion to dismiss for lack of personal jurisdiction. It DENIED AS MOOT the motion for a more definite statement. AMResorts, L.P., and ALG Vacations Corp., identified in the order as Apple Leisure Group, AMResorts LLC, ALG Vacations Corporation, and Apple Vacations, LLC, were dismissed.

The court did not then dismiss the case as to Secrets Resorts and Spas Montego Bay. Instead, it ordered English to show cause—explain—why the case should not be dismissed without prejudice for failure to prosecute because the record did not appear to show that she had served that defendant. Her response was due by March 15, 2021.