The opinion of the court was delivered by: LEISURE
Before the Court is defendant's motion to dismiss for lack of personal jurisdiction or for improper venue or to transfer pursuant to 28 U.S.C. § 1404 to the United States District Court for the Southern District of Texas. For the reasons stated below, defendant's motion is denied.
This action arises out of the alleged breach of a contract between the parties whereby plaintiff Geller Media Management ("GMM") would act as defendant Robert Beaudreault's ("Beaudreault") manager and represent his interests in the television, cable, radio, lecture, and literary fields. In return, Beaudreault agreed to pay ten percent of his earnings during the term of the agreement or during the term of any employment contract which defendant entered into with the assistance of GMM. GMM is a corporation with its principle place of business in New York, and Beaudreault is a television anchor-reporter in Houston, Texas.
Most aspects of the parties' relationship were centered in New York. Beaudreault initially approached GMM in exploration of entering into a management agreement by visiting GMM's office in New York, New York and speaking with Alfred Geller, CEO of GMM. Thereafter, the parties negotiated the terms of their relationship by telephone, and then in January 1990, Beaudreault travelled to New York to execute the management agreement with GMM. Immediately thereafter, in New York, Beaudreault attended a teaching program provided by GMM to improve his broadcast skills.
Generally, the services GMM was to provide under the contract consisted of training Beaudreault to improve his skills, review and editing of videotaped samples of Beaudreault's work, both to provide feedback and to prepare sample tapes to send to prospective employers, marketing of Beaudreault for new positions by preparing and sending application letters and sample tapes, and negotiating on Beaudreault's behalf, whether with his present employer or prospective employers. According to the agreement, Beaudreault was to have three primary named contacts at GMM, two of whom the record reveals presently reside in New York. The services listed above were likewise to be performed in New York, either in New York City or Westchester County, New York. Of course, the locations to which the finished work product of GMM would be sent or in which Beaudreault's skills would be exhibited were not in New York. In fact, Beaudreault has lived and worked in Houston since the beginning of the parties' relationship.
Absent a specific grant of jurisdiction, the reach of a federal district court's personal jurisdiction is coterminous with that of the personal jurisdiction of a court of general jurisdiction in the state in which the court sits. See Fed. R. Civ. P. 4(k)(1)(A). Therefore, whether this Court has jurisdiction over Beaudreault is determined by whether a New York court would have personal jurisdiction over Beaudreault. See A.I. Trade Finance, Inc. v. Petra Bank, 989 F.2d 76, 80 (2d Cir. 1993).
There are two types of jurisdiction, general and specific. See Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414, 80 L. Ed. 2d 404, 104 S. Ct. 1868 (1984). With general jurisdiction, the claim need not arise out of the person's contact with the forum state, but the contact with the forum must be more substantial; with specific jurisdiction, the claim must arise out of the person's contacts with the forum, but the contact need not be as substantial. These two types of jurisdiction are reflected both in New York's jurisdictional statutes, see New York Civ. Prac. L. & R. ("CPLR") §§ 301-302, and in the jurisprudence interpreting the Due Process limits of jurisdiction, see Helicopteros Nacionales, 466 U.S. at 414.
There is no allegation that Beaudreault has waived jurisdictional defenses, that he is domiciled in New York, that he was personally served while present in New York, or that he has consented to New York jurisdiction. Therefore, there is no ...