United States District Court, N.D. Ohio
DIANE D. JONES and JAMES ARNOLD, Plaintiffs,
REALPAGE, INC. d/b/a LEASING DESK SCREENING, Defendant.
OPINION & ORDER [RESOLVING DOC. 19]
S. GWIN, UNITED STATES DISTRICT JUDGE.
case an Ohio and a Colorado resident sue the non-Ohio
Defendant Company for conduct that occurred outside of Ohio.
The Court lacks personal jurisdiction over Defendant.
following reasons, the Court GRANTS IN PART
Defendant's motion to dismiss or to transfer to the
extent that Defendant seeks venue transfer to the Northern
District of Texas.
2016, Plaintiff Diane Jones applied to rent a Georgia
In August 2017, the apartment complex rejected Jones's
application because a background report included some
criminal history.  Somewhat similarly, in October 2016 and July
2017, Plaintiff James Arnold applied to rent Colorado
apartments and was likewise denied.  Arnold claims No. 119-cv-00501
Gwin, J. criminal history reported in a background report
caused the rejection.
allege that RealPage's Leasing Desk Screening platform
generated the background reports. Plaintiffs allege that
the information in the reports was wrong and that Defendant
violated the Fair Credit Reporting Act by failing to use
reasonable procedures to ensure the information was
March 6, 2019, Plaintiff Jones sued. On May 20, 2019,
Plaintiff Arnold joined the suit in an amended
10, 2019, Defendant RealPage filed a motion to dismiss. With
its motion to dismiss, RealPage says this Court does not have
personal jurisdiction over RealPage. RealPage alternatively
asks for transfer to the Northern District of
Texas. Plaintiffs opposed both dismissal and
Plaintiffs Fail to Demonstrate Personal Jurisdiction
bear the burden to show that the Court has personal
jurisdiction over Defendant. To satisfy this
burden, Plaintiffs need only make a prima facie
jurisdictional showing. Although this burden is
“relatively slight, ” even after
jurisdictional discovery Plaintiffs still have not carried
the duty to show personal jurisdiction.
Court's exercise of personal jurisdiction must satisfy
constitutional due process No. 1:19-cv-00501 Gwin, J.
requirements and must also be authorized by Ohio's
long-arm statute. The Court considers first whether
Plaintiffs have satisfied the requisite constitutional
are two types of personal jurisdiction-general and
specific. To invoke general jurisdiction,
Plaintiffs must show that Defendant is “at home”
in Ohio-meaning being incorporated or having its principal
place of business here.
RealPage is Delaware incorporated and maintains a Texas
principal place of business.
Plaintiffs argue that this Court has general jurisdiction
over Defendant RealPage because RealPage's contacts with
Ohio are “continuous and
systematic.” Even if true, this allegation does
not establish general jurisdiction. “Continuous
and systematic” contacts are not sufficient unless they
render a corporation essentially at home in
Ohio.Although Plaintiff alleges that
Defendant conducts business in Ohio, the Supreme Court has
expressly rejected such “exorbitant exercises of
Court does not have general jurisdiction over Defendant.
invoke specific jurisdiction, Plaintiffs must show that (i)
Defendant purposefully availed itself of acting or causing a
consequence in Ohio, (ii) the cause of action arose from No.
1:19-cv-00501 Gwin, J. Defendant's activities in Ohio,
and (iii) Defendant's acts have a sufficiently
substantial connection to make jurisdiction
allege that Defendant is licensed to do business in Ohio,
“has served 2, 804 Ohio customers, ” and has
contracted with third parties to conduct site assessments for
each Ohio customer. Plaintiffs state that RealPage's
Ohio customers have requested 299, 808 background
reports. Plaintiffs' allegations may
demonstrate that Defendant purposefully availed itself of
Ohio's laws, but that is where Plaintiffs' success
never claim that their cause of action arose from
Defendant's activities in Ohio. Indeed, the only Ohio
Plaintiff applied for a Georgia located
apartment. Defendant RealPage, based in Texas,
supplied the report at issue directly to the Georgia
apartment complex. Plaintiffs fail to show that their
case arises from any of Defendant's Ohio activities.
Defendant's acts do not have a substantial connection to
Ohio that would make the exercise of jurisdiction reasonable.
That Jones is an Ohio resident was mere happenstance as
RealPage generated the report on Jones for a Georgia
apartment application. Plaintiff ...