Hunter v. Serv-Tech, Inc.

2009 WL 2858089 (E.D. La. 2009)

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Nature of the Case

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Facts

P filed this suit against Offshore (D) and others. Offshore (D) then filed this motion to dismiss and stated that it expressly reserves all rights to challenge the subject matter and/or personal jurisdiction of the Court and/or raise other defenses to this claim. P filed an amended complaint and then a response to the motion to dismiss. Offshore (D) raised lack of personal jurisdiction as its third affirmative defense. Offshore (D) argues that it does not have minimum contacts with the Eastern District of Louisiana. P and Dynamic (D) argue that Offshore (D) has waived personal jurisdiction pursuant to Rules 12(g)(2) and 12(h)(1) by filing a pre-answer motion to dismiss without joining its personal jurisdiction argument in the motion. Offshore (D) argues that the 'reservation' language is sufficient to put P and other parties on notice that it challenged personal jurisdiction and that it has accordingly not waived the defense.