EPIC SPORTS AND ENTERTAINMENT, INC.
v.
TRILLER HOLD CO LLC
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In this diversity action for fraud and breach of contract, the court denied the defendants' motion to dismiss for lack of personal jurisdiction, finding that the defendants' alleged intentional drafting of fraudulent checks in Florida satisfied Florida's tortious act statute. The court also denied dismissal of the breach of implied covenant of good faith and fair dealing count as duplicative, deferring the issue to summary judgment, and ordered the plaintiff to file an amended complaint adequately alleging federal diversity jurisdiction.
The court has personal jurisdiction over the defendants because they committed a tortious act (drafting fraudulent checks) in Florida, satisfying both Florida's long-arm statute and constitutional due process requirements. The duplicative count claim should not be dismissed at the motion to dismiss stage because it is fact-intensive and may be raised again at summary judgment. The plaintiff must file an amended complaint adequately alleging federal diversity jurisdiction.
[1] A court may exercise personal jurisdiction over a defendant who commits a tortious act within the forum state, provided such exercise comports with due process.
[2] A claim for breach of the implied covenant of good faith and fair dealing may be dismissed as duplicative of a breach of contract claim if the allegations are substantial…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Florida's personal jurisdiction statute permits the exercise of jurisdiction over persons or entities that commit a tortious act in Florida, and such an exercise of jurisdiction satisfies the due process requirements of the federal Constitution.”
Establishes the legal basis for personal jurisdiction over the defendants based on their alleged tortious conduct in Florida
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEpic Sports and Entertainment, Inc. brought suit against Triller Hold Co LLC and its Chief Financial Officer, alleging fraud and breach of contract. T…
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THIS CAUSE is before the Court on the Defendants' Motion to Dismiss at docket entry 35. The Motion has been fully briefed. For the reasons set forth below, the Motion is denied.
The Defendants argue that this case should be dismissed because the Plaintiff has failed to allege a basis for personal jurisdiction over the Defendants. However, the Plaintiff has alleged that the Defendants (through its Chief Financial Officer) intentionally drafted fraudulent checks, in Florida, in connection with the Plaintiff's allegation of fraud in this case. E.g., DE 27 at 17-19. Florida's personal jurisdiction statute permits the exercise of jurisdiction over persons or entities that commit a tortious act in Florida, and such an exercise of jurisdiction satisfies the due process requirements of the federal Constitution. Fla. Stat. § 48.193(1)(a)(2). [fn 1] The Defendants' personal jurisdiction challenge is therefore denied.
The Defendants also argue that the Plaintiff's second count, alleging breach of the implied covenant of good faith and fair dealing, should be dismissed as duplicative of the Plaintiff's first
count, a claim for breach of contract. In response, the Plaintiff argues that the Defendants should be estopped from making this argument, citing to various provisions of an alleged contract between the parties that is attached to the Amended Complaint. The Court exercises its discretion to deem this a fact-intensive matter (whether the Defendants should be estopped from seeking partial dismissal of a duplicative count), and the Court denies the Defendants' request to dismiss Count II without prejudice; this issue may be raised again at summary judgment in the context of a developed factual record.
The Court addresses one final matter. The Plaintiff has brought this case under federal diversity jurisdiction, alleging that the Defendants are corporations that are citizens of different states than the Plaintiff. But the Defendants are not corporations, they are limited liability companies. Limited liability companies are citizens of the states in which each of their members are citizens. E.g., Flintlock Const. Servs, LLC v. Well-Come Holdings, LLC, 710 F. 3d 1221, 1224 (11th Cir. 2013). Because the Defendants' Chief Financial Officer is also alleged to reside in Florida, the Court is very concerned that there may be no federal diversity jurisdiction in this case. In any event, the Plaintiff has failed to allege a basis for federal diversity jurisdiction, and the Plaintiff shall file an amended complaint within five business days of the date of rendition of this Order that adequately alleges federal diversity jurisdiction.
DONE AND ORDERED in Chambers, West Palm Beach, Florida, this 13th day of August, 2024.
Copies furnished to: Counsel of record
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE
[fn 1]: Because the Plaintiff alleges that the fraudulent checks were drafted in this District, venue is appropriate in this District as well. See § 28 U.S.C. 1391(b).
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Citator
Authorities Cited
- Flintlock Constr. Servs., LLC v. Well-Come Holdings, LLC, 710 F.3d 1221 (11th Cir. 2013)