SLS Properties Three, LLC v. Arevalo
1:15-cv-24176
S.D. Fla.Jul 5, 2016Background
- Plaintiffs SLS Properties Three, LLC and JAWHBS LLC sued multiple defendants, including Albert F. Delaney, arising from a real estate transaction.
- Delaney filed a motion to dismiss for lack of personal jurisdiction and for failure to state a claim (Rule 12(b)(2) and 12(b)(6)).
- Plaintiffs submitted a skip trace showing Delaney held a Florida driver’s license listing Miami as his legal residence.
- Plaintiffs produced emails from the transaction signed by Delaney as Manager of Alianza Financial Services, LLC, which used a Miami address and a 305 area-code phone number.
- The court evaluated jurisdiction under the Florida long-arm statute and U.S. constitutional due process standards and assessed the sufficiency of the Amended Complaint under Iqbal/Twombly.
- The court denied Delaney’s motion in full and ordered him to answer the complaint by July 19, 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction — Florida long-arm and due process | Delaney is subject to jurisdiction because he resides in Florida (FL driver’s license) and signed transaction emails as manager of a Miami-based company | Delaney contested that Florida courts lack jurisdiction over him | Court held plaintiffs met their prima facie burden: Florida long-arm and due process satisfied; jurisdiction proper |
| Failure to state a claim (Rule 12(b)(6)) | Amended Complaint contains well-pleaded facts making Delaney plausibly liable for the alleged claims | Delaney argued the complaint lacked sufficient factual allegations to state a plausible claim | Court held the complaint’s allegations, taken as true, plausibly state claims against Delaney and survive dismissal |
Key Cases Cited
- Louis Vuitton Malletier, S.A. v. Mosseri, 736 F.3d 1339 (11th Cir. 2013) (plaintiff’s initial prima facie burden to allege jurisdictional facts)
- United Techs. Corp. v. Mazer, 556 F.3d 1260 (11th Cir. 2009) (jurisdictional pleading standards)
- Meier ex rel. Meier v. Sun Int’l Hotels, Ltd., 288 F.3d 1264 (11th Cir. 2002) (burden shifts to plaintiff to present evidence after defendant submits contrary proof)
- Polskie Linie Oceaniczne v. Seasafe Transport A/S, 795 F.2d 968 (11th Cir. 1986) (plaintiff must substantiate jurisdictional allegations with affidavits or competent proof)
- Diamond Crystal Brands, Inc. v. Food Movers Int’l, Inc., 593 F.3d 1249 (11th Cir. 2010) (standards for personal jurisdiction analysis)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for pleading under Rule 12(b)(6))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (establishing the plausibility pleading test)
- Skinner v. Switzer, 562 U.S. 521 (2011) (clarifying that threshold is plausibility, not probability)