The opinion of the court was delivered by: SHIRA SCHEINDLIN, District Judge
Karen Filkil, whose husband and son died in a ski train fire on
November 11, 2000, in Kaprun, Austria, brings this action against
numerous defendants.*fn1 Defendant Siemens Corporation ("Siemens Corp.")
now moves to dismiss this action against it on the following grounds: (1)
lack of personal jurisdiction, (2) failure to state a claim, (3) failure
to comply with the relevant statutes of limitations, and (4) forum non
conveniens.*fn2 For the reasons set forth below, Siemens Corp.'s motion
to dismiss for
lack of personal jurisdiction is granted.*fn3
Siemens Corp. is a U.S. corporation with its principal place of
business in New York, New York. See Plaintiff's First Amended
Complaint ("Complaint") ¶ 8. Siemens Corp. is alleged to have
"designed, manufactured, constructed, supplied, modified and installed
the electrical, communications, control and safety-related systems and
components for use on the train and tunnel." Id. ¶ 40.
B. Jurisdictional Allegations
Filkil argues that this Court has jurisdiction over Siemens Corp. based
on its direct contacts with Texas, i.e., its filing of a "Texas Franchise
Tax Public Information Report" ("Tax Report") and online employee
recruitment. In the alternative, she contends that Siemens Corp. does
business in Texas through its parent, subsidiary, and affiliates.
See Plaintiff's Brief in Opposition to Defendant's Motion to
Dismiss ("Pl. Opp.") at 3-9.
Filkil alleges that Siemens Corp. filed a "Texas Franchise Tax Public
Information Report dated November 22, 2003."
See Pl. Opp. at 7-8. The Tax Report covers the period
from October 1, 2001 through September 30, 2002. See Tax
Report, Ex. 1 to 1/7/04 Declaration of Brant W. Bishop, Counsel for
Siemens Corp. ("Bishop Dec."). Notably, the report indicates that Siemens
Corp. reported no gross receipts, taxable capital, or tax liability in
Filkil avers that the "Siemens USA website allows Texas residents to
apply online for jobs within the Siemens Corporation (See
siemens.usa.com careers*fn4)." Pl. Opp. at 8. The website allows
Internet users to search Siemens Corp.'s job listings and submit resumes
for available positions, and is not restricted to particular states.
s/jobsearch.asp (last visited March 3, 2004).*fn5
Filkil also alleges jurisdiction over Siemens Corp. based on the Texas
contacts of its parent company (Siemens AG), subsidiary (Siemens Fund),
Filkil asserts that Siemens AG has "admitted to a presence in all 50
states." Pl. Opp. at 8-9. Not surprisingly, Siemens Corp. denies that its
parent made such a concession, but admits to the existence of online
information describing the members of the "Siemens family of corporation
[s]" as having employees spanning the fifty ...