UNION WADDING CO. v. WHITE SWAN

866 F. Supp. 71 (1994) | Cited 0 times | D. Rhode Island | June 1, 1994

REPORT AND RECOMMENDATION

Robert W. Lovegreen, United States Magistrate Judge

Before me is defendant's, White Swan, Ltd. ("White Swan"), motion to dismiss for lack of in personam jurisdiction pursuant to F.R.Civ.P. 12(b)(2), motion to dismiss for improper venue pursuant to F.R.Civ.P. 12(b)(3) or alternatively, to transfer this matter to the United States District Court for the District of Oregon pursuant to 28 U.S.C. § 1404(a). This matter has been referred to me for preliminary review, findings and recommended disposition. 28 U.S.C. § 636(b)(1)(B) and Local Rule of Court 32(c). For the following reasons, I recommend defendant's motion to dismiss for lack of in personam jurisdiction be granted. Because I find this motion controlling, I do not address the remaining motions.

Facts Plaintiff, Union Wadding Company ("UWC"), is a Rhode Island corporation doing business in Pawtucket, Rhode Island. Defendant, White Swan, is an Oregon corporation with its principal and only place of business in Beaverton, Oregon. White Swan markets a line of garden-related products including flower seeds, garden faucets, sundials and bird baths through representatives, distributors and by mail order. All White Swan products are assembled, packaged and shipped from Oregon. All of White Swan's officers, employees and business records are in Oregon. White Swan maintains no presence in the State of Rhode Island such as employees, telephone numbers, offices or assets. During the years 1991 to April 1, 1994, White Swan sold n1 products in Rhode Island and total sales were as follows: Total Sales in Rhode Island 1991 $ 1,271.401992 281.401993 210.001994 (April) 230.00

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