Opinion
Civil Action No. 03-CV-6705.
October 18, 2004
EXPLANATION AND ORDER
Plaintiff brings this action against twenty-two defendant newspapers, radio and television stations alleging that from December 2, 1995 through December 12, 2001, the defendants "jointly and severally engaged in a dastardly inquisition more offensive to honor and liberty than any other in recent history" and seeking damages of $26 million. (Compl. at 3-6.) DefendantsIll Corriere della Sera, La Stampa, Il Messaggero, Il Foglio, and La Repubblica have filed a joint motion to dismiss based on lack of personal jurisdiction, insufficiency of service, and forum non conveniens.
"In deciding a motion to dismiss for lack of personal jurisdiction, [I] must take the allegations of the complaint as true. But once a defendant has raised a jurisdictional defense, a plaintiff bears the burden of proving by affidavits or other competent evidence that jurisdiction is proper." Dayhoff v. H.J. Heinz Co., 86 F.3d 1287, 1302 (3d Cir. 1996). The plaintiff must establish "with reasonable particularity sufficient contacts between the defendant and the forum state to support jurisdiction." Carteret Savings Bank, FA v. Shushan, 954 F.2d 141, 146 (3d Cir. 1992) (citing Provident Nat'l Bank v. California Fed. Sav. Loan Ass'n, 819 F.2d 434 (3d Cir. 1987).
Plaintiff has not established with reasonable particularity a single contact between any of the moving defendants and the Commonwealth of Pennsylvania. Plaintiff has alleged that defendants' articles are syndicated and that through syndication, defendants have published a variety of defamatory articles in Pennsylvania. (D'Onofrio Supp. Statement at 1.) Furthermore, plaintiff alleges that in the course of researching material for these articles defendants frequently entered Pennsylvania. (Compl. at 2-3.) In support of these allegations, plaintiff submits a raft of articles printed out from the internet. (D'Onofrio Statement Ex. A-M.) While some of these articles appear to have been distributed by Reuters, and others make reference to news services, none refer to any of the moving defendants. Nor is there any indication that any of these articles were distributed in Pennsylvania. Plaintiff is also unable to identify a single instance where defendants entered Pennsylvania in order to conduct research for these articles, or for any other reason. Plaintiff therefore has not met his burden and I am unable to exercise personal jurisdiction over moving defendants.
AND NOW, this ____ day of October 2004, upon consideration of defendants Il Corriere Della Sera, La Stampa, Il Messaggero, Il Foglio, and La Repubblica's motions to dismiss (Docket #15 and #22) and plaintiff's response, it is hereby ORDERED that the said motion is GRANTED.