Three Girls Fishing LLC v. Pan Am. Power Corp

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THREE GIRLS FISHING LLC and WESTERN WORLD INSURANCE GROUP, as subrogee of Three Girls Fishing, LLC Plaintiffs, v. PAN AMERICAN POWER CORP., Defendant/ Third-Party Plaintiff, v. TOMMY WOODWARD, INC., d/b/a COLUMBIA DIESEL CASTINGS, et al., Third-Party Defendants.

No. 2:23-cv-00175-NT

United States District Court, D. Maine

August 12, 2024

ORDER ON MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION

Nancy Torresen United States District Judge

Before me is a series of motions to dismiss brought by Third-Party Defendant and Crossclaim Defendant Tommy Woodward, Inc. doing business as Columbia Diesel Castings (“Columbia Diesel”). For the reasons stated below, the motions to dismiss (ECF Nos. 39 49, 67 & 69) are GRANTED.

FACTUAL AND PROCEDURAL BACKGROUND

In 2020, Defendant and Third-Party Plaintiff Pan American Power Corp. (“Pan Am”), a Louisiana corporation,^[1]contracted with Columbia Diesel, a Mississippi corporation,^[2]to repair a crankshaft for an engine. Suppl. and Amending Third-Party Compl. (“Pan Am Compl.”) ¶ 17 (ECF No. 48). Columbia Diesel operates a machine shop located in Columbia Mississippi, its sole place of business. Decl. of Brandon Rodi in Supp. of Third-Party Def. Columbia Diesel's Mot to Dismiss for Lack of Personal Jurisdiction (“Rodi Decl.”) ¶ 2 (ECF No. 39-1).

Columbia Diesel performs most of its work for customers in Mississippi and eastern Louisiana. Rodi Decl. ¶ 11; Aff. of Edward Boudreau in Supp. of Opp'n to Columbia Diesel's Mot. to Dismiss (“Boudreau Aff.”) ¶¶ 1, 11 (ECF No. 42-1). For the past ten years, Columbia Diesel has regularly done business with Pan Am providing crankshafts and other parts needed for Pan Am's work reconditioning and rebuilding diesel engines, and Columbia Diesel provides similar services for Pan Am's competitors. Boudreau Aff. ¶¶ 4, 12. Pan Am and its competitors distribute their reconditioned and rebuilt engines nationwide. Boudreau Aff. ¶¶ 11-15.

Columbia Diesel is not registered to do business in Maine, does not purchase goods or services in Maine, does not own property in Maine, does not have bank accounts, offices, or employees in Maine, and does not have a registered agent authorized to accept service of process in Maine. Rodi Decl. ¶¶ 4-5. Columbia Diesel has not contracted with any person or entity in Maine and does not exchange business calls or emails with any individuals or companies in Maine. Rodi Decl. ¶¶ 11-12. It has a website but does not advertise in Maine. Rodi Decl. ¶ 6.

Around March 1, 2020, Pan Am shipped the crankshaft to Columbia Diesel for repairs. Pan Am Compl. ¶¶ 17-19. Around March 11, 2020, Columbia Diesel shipped the crankshaft back to Pan Am's Louisiana office. Pan Am Compl. ¶ 20. No one at Columbia Diesel knew the crankshaft's origin or ultimate destination. Rodi Decl. ¶ 9. From there, Pan Am reconditioned the engine. Pan Am Compl. ¶¶ 26-29.

In June of 2020, Plaintiff Three Girls Fishing LLC (“Three Girls”) needed an engine for its commercial fishing vessel based in Portland, Maine.^[3] Am. Compl. ¶¶ 6 7, 10 (ECF No. 9); Pan Am Compl. ¶ 17. It contacted Pan Am to find one. Pan Am Compl. ¶ 10. Pan Am sold Three Girls the reconditioned engine with the crankshaft Columbia Diesel had repaired.^[4] Am. Compl. ¶¶ 11, 14; Pan Am Compl. ¶¶ 12, 26, 28.

Third-Party Defendant Rockland Marine Corporation (“Rockland Marine”)^[5]installed the engine on Three Girls' vessel sometime after July 2020. Pan Am Compl. ¶ 31.

On July 24, 2022, the engine failed, and the vessel had to be towed back to port. Am. Compl. ¶ 16. One reason for the failure was that the “crankshaft counterweight became unsecured from the crankshaft fasteners, subsequently causing severe damage to the Engine's internals.” Am. Compl. ¶ 17. In the spring of 2023, Three Girls and its insurer, Plaintiff Western World Insurance Group, filed suit against Pan Am for breach of contract, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, breach of the implied warranty of merchantability, and negligence. Compl. ¶¶ 25-48 (ECF No. 1); Am. Compl. ¶¶ 2548.

On November 16, 2023, Pan Am asserted a third-party complaint against Rockland Marine and Columbia Diesel seeking indemnification and contribution. Third Party Compl. ¶¶ 34-49 (ECF No. 28). Pan Am alleges that Columbia Diesel is to blame for Three Girls' engine problems for failing to ensure that the crankshaft was properly torqued. Pan Am Compl. ¶¶ 21-25.

Then Rockland Marine asserted a crossclaim against Columbia Diesel seeking indemnification and contribution. Third Party Answer of Rockland Marine to Compl. and Crosscls. Against Columbia Diesel (“Rockland Marine Crosscls.”) (ECF No. 38).

Rockland Marine also alleges that the engine failed because Columbia Diesel was negligent in repairing the crankshaft. Rockland Marine Crosscls. ¶¶ 4-5.

On January 26, 2024, Columbia Diesel filed a motion to dismiss Pan Am's third-party complaint and Rockland Marine's crossclaims. Mot. of Third-Party Def./Crosscl. Def. Columbia Diesel to Dismiss for Lack of Personal Jurisdiction (“MTD”) 1 (ECF No. 39). A flurry of additional filings followed.

On April 23, 2024, Pan Am filed a supplemental third-party complaint to add Southworth-Milton Inc., doing business as Milton CAT (“Milton CAT”), and Fairhaven Shipyard Companies, Inc. (“Fairhaven”) as third-party defendants.^[6] Pan Am Compl. Fairhaven and Milton CAT performed services and repairs on Three Girls' vessel between the sale of the engine to Three Girls in 2020 and the engine failure in July of 2022. See Pan Am Compl. ¶¶ 46-80. On April 24, 2024, Columbia Diesel renewed its motion to dismiss. Renewed Mot. of Third-Party Def. Columbia Diesel to Dismiss for Lack of Personal Jurisdiction (“Renewed MTD”) (ECF No. 49).

On June 20, 2024, Milton CAT filed an answer to Pan Am's third-party complaint and filed crossclaims against Columbia Diesel, Rockland Marine, and Fairhaven. Answer, Affirmative Defenses, Jury Demand, and Crosscls. of Third-Party Def. Milton CAT ¶¶ 4-11 (ECF No. 64). On June 25, 2024, Fairhaven filed its answer and asserted crossclaims against Columbia Diesel, Milton CAT, and Rockland Marine and counterclaims against Pan Am for indemnification and contribution. Answer and Affirmative Defenses to Suppl. and Amending Third-Party Compl. and Jury Trial Demand of Pan Am, Fed. R. Civ. 14(c) Tender of Pan Am, and Am. Compl. and Jury Trial Demand of Three Girls and Western World Insurance Group as Subrogee of Three Girls and Crosscls. and Countercl. of Third-Party Def. Fairhaven (ECF No. 66). The next day, Columbia Diesel filed an additional motion to dismiss Fairhaven's and Milton CAT's crossclaims, incorporating the arguments it made in its previous motions to dismiss. Mot. of Crosscl. Def. Columbia Diesel to Dismiss the Crosscls. of Third-Party Defs. Milton CAT and Fairhaven for Lack of Personal Jurisdiction (“MTD Milton CAT and Fairhaven's Crosscls.”) (ECF No. 67).

On June 27, 2024, Rockland Marine filed an amended answer to Pan Am's complaint, this time adding crossclaims against Fairhaven and Milton CAT as well as Columbia Diesel. Am. Answer of Third Party Rockland Marine to Suppl. and Amending Third Party Compl. and Crosscls. Against Fairhaven, Milton CAT, and Columbia Diesel (ECF No. 68). The next day, Columbia Diesel filed a second renewed motion to dismiss, incorporating its original arguments. Renewed Mot. of Third-Party Def. Columbia Diesel to Dismiss for Lack of Personal Jurisdiction (“Second Renewed MTD”) (ECF No. 69).

LEGAL STANDARD

On a motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) of the Federal Rules of Civil Procedure, the plaintiff^[7] bears the burden of establishing personal jurisdiction over the defendant. PREP Tours, Inc. v. Am. Youth Soccer Org., 913 F.3d 11, 16 (1st Cir. 2019). Although there are several methods of resolving jurisdictional disputes, in a case such as this where neither party has requested an evidentiary hearing, I apply the “prima facie standard” to determine whether the plaintiff has met its burden. Olympia Hotel Mgmt., LLC v. Bend Hotel Dev. Co., No. 2:20-cv-00136-NT, 2020 WL 6323719, at *4 (D. Me. Oct. 27, 2020). “On prima facie review, the plaintiffs' burden is to proffer evidence ‘sufficient to support findings of all facts essential to personal jurisdiction' without relying on unsupported allegations.” Knox v. MetalForming, Inc., 914 F.3d 685, 690 (1st Cir. 2019) (quoting A Corp. v. All Am. Plumbing, Inc., 812 F.3d 54, 58 (1st Cir. 2016)). The prima facie method requires the plaintiff to provide evidence that, when “taken at face value, suffices to show all facts essential to personal jurisdiction.” Baskin-Robbins Franchising LLC v. Alpenrose Dairy, Inc., 825 F.3d 28, 34 (1st Cir. 2016). I take the facts from the pleadings and from supplemental filings in the record, such as affidavits, giving credence to the plaintiff's version of genuinely contested facts. Id. I may also consider undisputed facts that the defendant offers. Id.

ANALYSIS

Columbia Diesel seeks dismissal of the eight claims against it-Pan Am's two third-party claims, Rockland Marine's two crossclaims, Milton CAT's two crossclaims, and Fairhaven's two crossclaims. MTD 1; Renewed MTD 1; MTD Milton CAT and Fairhaven's Crosscls. 1; Second Renewed MTD 1. It argues that I cannot exercise personal jurisdiction over it because it lacks legally sufficient contacts with Maine. MTD 1. Pan Am, Milton CAT, and Fairhaven^[8] (together, the “Claimants”) reply that there is adequate proof that Maine retains jurisdiction over Columbia Diesel or that there is at least a colorable case for personal jurisdiction such that there should be jurisdictional discovery. Def., Pan Am's, Opp'n to Third-Party Def., Columbia...