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Wang v. Thomson

United States District Court, N.D. California, San Jose Division

December 19, 2014

CHARLES WANG, Plaintiff,
v.
TAYLOR THOMSON, et al., Defendants.

ORDER GRANTING WITH PREJUDICE DEFENDANT MASSACHUSETTS GENERAL HOSPITAL'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION [Re: ECF 34]

BETH LABSON FREEMAN, District Judge.

Plaintiff, proceeding pro se, [1] brings a wrongful death suit against a number of defendants, including a hospital and several medical professionals, related to his mother's death. Defendant Massachusetts General Hospital ("MGH"), the only defendant to have yet been served, brings its second motion to dismiss for lack of personal jurisdiction. The Court previously granted MGH's first motion to dismiss on these same grounds. See ECF 23. The Court finds this matter suitable for determination without oral argument, pursuant to Civil Local Rule 7-1(b). Having reviewed the papers of the parties, and the governing law, the Court GRANTS MGH's motion, and DISMISSES Plaintiff's action against MGH WITH PREJUDICE, for lack of personal jurisdiction.

I. BACKGROUND

A. Procedural History

On August 11, 2014, the Court granted MGH's first motion to dismiss for lack of personal jurisdiction, finding that Plaintiff had not alleged any facts in his complaint or opposition to support haling MGH into court in California based upon conduct that took place in Massachusetts. See ECF 23 at 3-4. Plaintiff's amended complaint ("FAC") was filed on October 9, 2014. MGH again moved to dismiss on October 20, 2014, for lack of personal jurisdiction.

B. Factual Background

In his FAC, Plaintiff alleges that after his mother was admitted to MGH on April 28, 2014, doctors and other employees began subjecting her to "harsh, painful, unnecessary and harmful treatments, " FAC at 8, including antibiotics treatment for tuberculosis which Plaintiff alleges was misdiagnosed in his mother and caused harm to her liver and kidneys. Id. Plaintiff further alleges that:

Days before Memorial Day, 2011, they drugged her with Dilaudid, a hydromorphine, through IV. While she was unconscious, on or about May 30th, they stopped providing her with water. As a result she passed several days later.

FAC at 9.

Plaintiff's FAC also includes a jurisdictional allegation. He contends that the existence of a webpage on which MGH solicits donations, see FAC at 2 Exh. A, is part of "an elaborate scheme to solicit donations from Californians, " id. at 2, and thus subjects MGH to personal jurisdiction in California.

II. LEGAL STANDARDS

A. Rule 12(b)(2)

Once a party challenges the Court's jurisdiction over it through a Rule 12(b)(2) motion to dismiss, the Plaintiff bears the burden of establishing personal jurisdiction. See, e.g., Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800-01 (9th Cir. 2004); see also Scott v. Breeland, 792 F.2d 925, 927 (9th Cir. 1986) (stating that a plaintiff must "come forward with facts, by affidavit or otherwise, supporting personal jurisdiction").

When the motion is based on written materials, and not an evidentiary hearing, Plaintiff "need only make a prima facie showing of jurisdictional facts." Schwarzenegger, 374 F.3d 797, 800. Plaintiff cannot "simply rest on the bare allegations of [his] complaint, " Amba Mktg. Sys., Inc. v. Jobar Int'l, Inc., 551 F.2d 784, 787 (9th Cir. 1977), but ...


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