Legal Question in Intellectual Property in New York

Personal jurisdiction

Filed a Federal Law Suit in the Eastern District of New York. One of the defendants is a business (Incorporation) formed and based in Arizona. They have said that they will motion to have case moved to Arizona & that will create a hardship on me the Plaintiff. Under AZ law the only one who can legal accept service on behalf the business is the Registered Corporate Agent. That is who I had served the complaint to recently to start things off. However while I have both a Federal Question and Diversity to be in Federal Court I do not know if I have everything for the Court to have personal jurisdiction. The Defendant's CIO and Security Officer will be in NYC on Wednesday, Dec 10th at 8:30AM to give a talk. Can I serve him and gain personal service on the business? It might cause him to be embarassed at the show. He might feel harassed and emotional hurt. Will this also create a backlash from his lawyers? Would they have a claim? Could they get the judge to think that I the Plaintiff who is also Pro Se is crazy and out of control. Try to get a restraining order? All of this would be un true. I would hire a process server and let them serve him if this makes sense. I would not say or do anything against him. Please


Asked on 12/05/08, 6:09 am

1 Answer from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: Personal jurisdiction

EDNY is a nice place, downtown Brooklyn, but the wrong place for the suit, at least with the information that you have provided.

Under the Federal Rules of Civil Procedure, the case should have been filed where the Defendant resides, is incorporated or in a place in which it regularly does business and could expect to be hailed into court.

If the business has no contacts with NY, or the damages that you are claiming did not occur in NY, and or other reasons, then they are likely to get it removed to Arizona. The proper place to serve a defendant is in their home state, place of incorporation, etc. So EDNY may (info is limited) have been the wrong place to begin with.

You have already served the company, as you served the legally responsible party. Serving the officers afterward should not change the venue.

I suggest that you contact and attorney and discuss the issue in greater detail, I do not suggest that you continue this Pro Se.

If you wish, contact my office and we can discuss the issue further.

Good Luck.

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Answered on 12/05/08, 5:47 pm


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