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PHILIPS v. PITT COUNTY MEMORIAL HOSPITAL INC (2021)

United States Court of Appeals, Ninth Circuit.2021-08-06No. No. 19-17313

Summary

Holding. The district court's dismissal for lack of personal jurisdiction is affirmed.

Sherif Philips appealed a district court dismissal of his case for lack of personal jurisdiction. The court examined whether the defendants, who were North Carolina residents, had sufficient contacts with Guam (the forum) to establish either general or specific personal jurisdiction. The court found no general jurisdiction because the defendants lacked substantial or continuous contacts with Guam. The court also rejected specific jurisdiction, noting that the defendants' primary contacts with Guam involved enforcing a fee award from a North Carolina court proceeding, which did not arise from or relate to Philips' claims concerning his hospital suspension and challenges to the North Carolina proceedings. The court further determined that merely domesticating a foreign judgment is insufficient to establish jurisdiction.

The court rejected Philips' other contentions as unsupported by adequate evidence, including claims about a letter sent at Philips' own attorney's request and allegations of newspaper contacts intended to libel him. The opinion also addressed Philips' motions seeking review or removal of a separate Guam Superior Court action, finding these motions procedurally deficient and barred by applicable removal statutes and rules. The court declined to award costs and damages against Philips.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether general personal jurisdiction existed based on defendants' contacts with Guam
  • Whether specific personal jurisdiction arose from domestication of a North Carolina judgment
  • Whether defendants' contacts with Guam constituted purposeful availment of the forum
  • Whether motions for removal complied with federal removal statutes

Procedural posture

Philips appealed the district court's dismissal of his case for lack of personal jurisdiction.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Sherif Philips appeals the district courts dismissal of his case for lack of personal jurisdiction. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the history of this case, we need not recount it here.

We review de novo a dismissal for lack of personal jurisdiction. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004). Plaintiff has the burden of making a prima facie showing of personal jurisdiction, “uncontroverted allegations in the complaint must be taken as true”, and “[c]onflicts between parties over statements contained in affidavits must be resolved in the plaintiffs favor.” Id. However, a plaintiff cannot “simply rest on the bare allegations of its complaint.” Amba Mktg. Sys., Inc. v. Jobar Intl, Inc., 551 F.2d 784, 787 (9th Cir. 1977).

First, general personal jurisdiction does not exist. All defendants are residents of North Carolina, and have no “substantial” or “continuous and systematic” contacts with the forum territory. See Tuazon v. R.J. Reynolds Tobacco Co., 433 F.3d 1163, 1171 (9th Cir. 2006). Nor does specific personal jurisdiction exist. Defendants’ main contacts with Guam were to enforce the attorneys’ fee award that the Defendants received from a North Carolina state court. But the district court properly concluded that this Guam Superior Court action did not give rise to Philips’ claims, which instead primarily concern Philips’ hospital suspension and challenges to the North Carolina court proceedings, and that regardless “[t]he simple domestication of a foreign judgment․ standing alone, is unlikely sufficient to confer personal jurisdiction on the judgment creditor.” See Menken v. Emm, 503 F.3d 1050, 1061 (9th Cir. 2007). We also agree with the district court that Defendant Creechs 2007 letter to Guam Memorial Hospital, sent at Philips’ attorneys request, does not constitute purposeful availment of the forum. Finally, Philips’ claim that Defendants contacted a Guam newspaper to libel Philips is a controverted bare allegation for which Philips does not provide adequate support. Amba, 551 F.2d at 787 (“[Plaintiff] could not simply rest on the bare allegations of its complaint, but rather was obligated to come forward with facts, by affidavit or otherwise, supporting personal jurisdiction.”).

To the extent that Philips’ appeal and motions (Dkt. 22; 34; 38) seek review or removal of the Defendants Guam Superior Court action, we deny the motions and affirm dismissal of the case. The motions do not comply with the removal statute, 28 U.S.C. § 1446, and this Court no longer has jurisdiction to review judgments of the Guam Supreme Court, see Santos v. Guam, 436 F.3d 1051 (9th Cir. 2006). The district court likewise properly denied removal as untimely and barred by the forum defendant rule, 28 U.S.C. § 1441(b)(2), even when generously construing Philips’ motions and complaint as requesting removal.

We deny Defendants’ motion for costs and damages under Federal Rule of Appellate Procedure 38 (Dkt. 16).

AFFIRMED.