Citations
- 851 F. Supp. 1219
Full opinion text
OPINION AND ORDER
NORGLE, District Judge:
Before the court is the defendants’ motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(2), 28 U.S.C. § 1406(a), and Fed.R.Civ.P. 4(j). For the reasons stated below, the court grants the motion to dismiss for lack of personal jurisdiction.
FACTS
Amid the excited cries of “BINGO” in a crowded room, plaintiff Louise Czarobski (“Czarobski”) was injured during a bingo game organized by defendants St. Kieran’s Church and the Diocese of San Diego Education and Welfare Corporation (“defendants”) in the State of California. On May 10, 1991, as Czarobski passed the entrance-way to the building in which the bingo game was held, another guest abruptly opened the door and struck Czarobski as that guest entered the building. The impact of the door caused Czarobski to fall, fracturing her hip. Czarobski charges defendants with various acts of negligence in relation to this event. All of these acts or omissions transpired in California.
Czarobski, a resident of South Holland, Illinois, travelled to California to attend the bingo match at the invitation of her friend Irene Kuchcik, a California resident. Defendants, two California corporations doing business in California, organized, controlled, and maintained the bingo game solely in California. The bingo game was advertised through the Bingo Bugle, a newspaper generally available in stores and bingo halls throughout the San Diego County area in California. Although defendants advertised for the bingo game locally, defendants did not direct advertising or solicitations to Illinois residents. Defendants furthermore do not operate any offices, other facilities, or bingo games in Illinois. Defendants’ board of directors or shareholders have not held meetings in Illinois, and none of the corporations’ officers or directors have attended any conferences or functions within Illinois.
Because California’s statute of limitations for personal injury actions is one year, and Czarobski failed to file an action within one year after the incident, Czarobski filed the present suit against defendants in Illinois in an attempt to recover for personal injuries for which she is now barred from recovering in California. Defendants filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(2), 28 U.S.C. § 1406(a), and Fed.R.Civ.P. 4