Because the FLSA is silent as to personal jurisdiction, the Court must apply Washington State law to determine whether personal jurisdiction exists over the out-of-state Defendants. In light of the fact that substantial discovery regarding jurisdiction has taken place in this case, Plaintiffs must present a prima facie case of jurisdiction based on competent evidence. 530, 533 (W.D.Wa.1989) (Zilly, J.) (applying prima facie standard at summary judgment stage). Sedgwick Associated Risks, Ltd., 796 F.2d 299, 301 (9th Cir. Through the presentation of affidavits and discovery materials, Plaintiffs must prove a prima facie case of jurisdiction as to each and every out-of-state Defendant. Plaintiffs bear the burden of proving that jurisdiction exists as to each out-of-state Defendant. and that the motion be GRANTED as to all remaining Defendants. The Court, having considered out-of-state Defendants' motion for summary judgment, Plaintiffs' response, pertinent parts of Plaintiffs' counsel's affidavit, Plaintiffs' exhibits, out-of-state Defendants' reply, Plaintiffs' surreply, and the remaining record, recommends that out-of-state Defendants' motion be DENIED as to Defendants Deja Vu, Inc. On July 31, 1997, Plaintiffs filed a surreply. On July 30, 1997, out-of-state Defendants filed a reply in support of their motion for summary judgment. Plaintiffs' memorandum does not attempt to argue that jurisdiction is proper over each individual out-of-state Defendant named in the complaint however, Plaintiffs' counsel's affidavit does argue that jurisdiction is proper in regards to each named out-of-state Defendant. # 677), over 288 exhibits, and a sixty-three page affidavit (Doc.
On July 7, 1997, Plaintiffs' counsel filed a response (Doc. On June 16, 1997, out-of-state Defendants filed their motion for summary judgment, arguing that no out-of-state Defendant has the requisite minimum contacts necessary to satisfy a finding of personal jurisdiction. The out-of-state Defendants contest this Court's assertion of jurisdiction over them.
The second group has been referred to as the out-of-state Defendants. The second group are the remaining Defendants who do not reside in Washington or Colorado. The first group of Defendants, who are Washington and Colorado entertainment clubs and residents, have been referred to in this litigation as the "in-state" Defendants. Plaintiffs, who are a representative group of nude and semi-nude dancers, seek back pay and damages for alleged violations of the FLSA. This case was filed in 1996 and is primarily a Fair Labor Standards Act (FLSA) action.
The Clerk of the Court is directed to send uncertified copies of this order to Magistrate Judge Wilson and all counsel of record. and Deja Vu *1332 Consulting, Inc., and GRANTS the motion as to all remaining defendants. 731, DENIES out-of-state defendants' motion for summary judgment on the lack of personal jurisdiction as to defendants Deja Vu, Inc. (2) Except as provided in paragraph 1 of this order, the Court adopts the Report and Recommendation, docket no. The Court requests a supplemental report from the Magistrate Judge on the issue of fees. The Court also defers a ruling on whether attorneys' fees should be awarded to the out-of-state defendants dismissed for lack of personal jurisdiction. (1) The court defers a ruling on defendant Acorn Enterprises, Inc., pending a report and recommendation by the Magistrate Judge on the separate motion for summary judgment filed on August 28, 1997, docket no. dated August 22, 1997, and the records and files herein, does hereby find and ORDER: The Court, having reviewed plaintiffs' complaint, out-of-state defendants' motion for summary judgment, plaintiffs' response, out-of-state defendants' reply, plaintiffs' surreply, the Report and Recommendation of the Honorable Wilson, United States Magistrate Judge, the out-of-state defendants' objections, the plaintiffs' objections, the declaration of Eugene Bolin Jr. Shafer, Bradley, Shafer & Associates, Lansing, MI, for defendants. Burns, Burns & Hammerly, P.S., Bellevue, WA, Bradley J. Beard, Barry Neal Mesher, Lane, Powell, Spears and Lubersky, Seattle, WA, Jack R. Bolin, Jr., Seattle, WA, for plaintiffs.īarbara J. Deborah Lynn LANGLOIS, et al., Plaintiffs,ĭEJA VU, INC., a foreign corporation, et al., Defendants.
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