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StratusLIVE, LLC v. Wimr Grp., LLC

StratusLIVE, LLC v. Wimr Grp., LLC

United States District Court for the Eastern District of Virginia, Norfolk Division

October 14, 2020, Decided; October 14, 2020, Filed

Civil No. 2:19cv623

Opinion

ORDER

Pending before the Court is a Motion to Dismiss from Defendant The Wimr Group ("The Wimr Group"), operating as Beyond The Horizon Technology Group ("BTH"). This Motion to Dismiss asserts a lack of personal jurisdiction. ECF No. 19. For the following reason, Defendant's Motion to Dismiss is GRANTED. Plaintiff's Complaint (ECF No. 1) is DISMISSED without prejudice. Defendant's Motion to Dismiss for Failure to State a Claim (ECF No. 21) is DISMISSED as moot. Defendant's request for a hearing is denied.

I. BACKGROUND

] When responding to a motion to dismiss for lack of personal jurisdiction, [*2]  a plaintiff must prove the existence of personal jurisdiction by a preponderance of the evidence. New Wellington Fin. Corp. v. Flagship Resort Dev. Corp., 416 F.3d 290, 294 (4th Cir. 2005). A plaintiff must make prima facie showing of a sufficient jurisdictional basis. Id.

] In evaluating the motion, the Court "must construe all relevant pleading allegations in the light most favorable to the plaintiff, assume credibility, and draw the most favorable inferences for the existence of jurisdiction." Id (citations omitted). Accordingly, the Court reviews the facts as alleged by Plaintiff StratusLIVE in its Complaint.

Plaintiff StratusLIVE, is a Virginia limited liability company with its principal place of business in Virginia Beach, Virginia. Compl. at 1, ECF No. 1. It provides cloud-based Customer Relationship Management software for companies and other organizations. Id. at 3. StratusLIVE maintains and manages this software for use by its customers. Id. Its most comprehensive software is StratusLIVE for Fundraisers Suite ("StratusLive 365"). Id. It is available to large and medium nonprofits and allows the organizations to manage processes for board members, fundraising, and information technology. Id.

StratusLIVE's software uses a Data Model. Id. at 4. The Data Model arranges and stores data [*3]  so that organizations can run large-scale donor campaigns. Id. The Data Model enables the software to track prospective and existing donors, companies and organizations, household information, financial information, marketing and communication history, and more. Id. The collected information influences the user's decision-making and management. Id.

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2020 U.S. Dist. LEXIS 203652 *; 2020 WL 6305875

STRATUSLIVE, LLC, Plaintiff, v. THE WIMR GROUP, LLC, D/B/A BEYOND THE HORIZON TECHNOLOGY, Defendant.

CORE TERMS

servers, software, personal jurisdiction, contacts, general jurisdiction, forum state, website, trade secret, customers, accessed, metadata, Online, motion to dismiss, misappropriation, organizations, Consumers, e-mail, aimed

Civil Procedure, In Rem & Personal Jurisdiction, In Personam Actions, Challenges, Evidence, Burdens of Proof, Preponderance of Evidence, Long Arm Jurisdiction, Business & Corporate Law, Corporate Formation, Place of Incorporation, Principal Office, Doing Business, Substantial Contacts, Jurisdiction, Constitutional Limits, Torts, Procedural Matters, Commencement & Prosecution, In Personam Jurisdiction, Due Process, Constitutional Law, Fundamental Rights, Procedural Due Process, Scope of Protection, Minimum Contacts, Computer & Internet Law, Internet Business, Jurisdiction, In Personam Jurisdiction