Hedeen Int’l, LLC v. Zing Toys, Inc.

Hedeen filed suit, alleging breach of contract and unjust enrichment against OzWest, Inc. and Zing, and against Cummings, the leading shareholder in those companies. Cummings is an Australian citizen who resides in Hong Kong and has never visited Wisconsin. The complaint identified him as a principal of OzWest, an Oregon company, and as OzWest’s signatory on the underlying license agreement. Hedeen served Cummings through office service under Oregon law by leaving a copy of the summons and complaint at OzWest’s Oregon office on March 31, 2014, and by mailing copies of those documents to the Oregon office address on June 4. OzWest served a motion to dismiss on July 7, but Cummings did not file any response.The district court declared that it appeared that Cummings was properly served and granted Cummings’ October 22 motion to dismiss for lack of personal jurisdiction, rejecting Hedeen’s argument that Cummings waived the right to challenge personal jurisdiction because he did not file a motion within 21 days of service (FRCP 12(h); 12(a)(1)). The Seventh Circuit affirmed. Under a straightforward reading of Rule 12, a challenge to personal jurisdiction may be asserted either in a responsive pleading filed within 21 days, or in a motion with no similar time limit specified. View "Hedeen Int'l, LLC v. Zing Toys, Inc." on Justia Law