The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
INNOVATIVE SPORTS MANAGEMENT,
INC. d/b/a INTEGRATED SPORTS
No. 24-cv-09870 (MEF)(JSA)
MEDIA,
Plaintiff, OPINION and ORDER
v.
LIZANDRO DAN HINOSTROZA and EL
RICO SANGUCHOM D’CHALO, LLC,
Defendants.
* * *
For the purposes of this brief Opinion and Order, the Court
assumes familiarity with the facts and procedural history of
this case.
* * *
A network1 has sued an LLC2 and its member3 for allegedly
broadcasting a soccer game without a license.
From here, the network is “the Plaintiff,” and the LLC and its
member are, collectively, “the Defendants.”
The Defendants are not alleged to be New Jersey residents. See
Complaint ¶¶ 7–13.
1 Innovative Sports Management, Inc. d/b/a Integrated Sports
Media.
2 El Rico Sanguchom D’Chalo, LLC.
3 Lizandro Dan Hinostroza.
They have not appeared, and the Clerk of Court entered a default
against them.
* * *
The Plaintiff now moves for default judgment as to liability and
damages.
The motion is denied.
* * *
On a motion for default judgment, a court, among other things,
must establish that it has personal jurisdiction. See Baymont
Franchise Sys., Inc. v. Narnarayandev, LLC, 348 F.R.D. 220, 227–
28 (D.N.J. 2024).
The Plaintiff must carry the burden of establishing personal
jurisdiction. See Steel Co. v. Citizens for a Better Env’t, 523
U.S. 83, 103 (1998). Here, it has not done so.
* * *
The Plaintiff’s core argument: the Court has personal
jurisdiction over the Defendants because they were properly
served. See Motion for Default Judgment (ECF 9) at 7–8 (citing
Fed. R. Civ. P. 4(e)(2), (h)(1)(A)).
But service of process, standing alone, is not enough. See Omni
Cap. Int’l, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97, 104 (1987)
(“[B]efore a court may exercise personal jurisdiction over a
defendant, there must be more than notice to the defendant[.]”);
cf. Nehemiah v. Athletics Cong. of U.S.A., 765 F.2d 42, 47 (3d
Cir. 1985).
* * *
Rather, the question is whether the proposed exercise of
jurisdiction over the non-resident Defendants would fit within
Federal Rule of Civil Procedure 4(k)(1)(A).
Under that Rule, “a District Court typically exercises personal
jurisdiction according to the law of the state where it sits.”
O’Connor v. Sandy Lane Hotel Co., 496 F.3d 312, 316 (3d Cir.
2007) (citing Fed. R. Civ. P. 4(k)(1)(A)).
“In New Jersey, that means jurisdiction over a non-New Jersey
defendant reaches as far as the United States Constitution
allows. Under the United States Constitution, there are two
ways to establish personal jurisdiction: general and specific.”
Prestan Prods. LLC v. Innosonian Am., LLC, 2024 WL 278985, at *2
(D.N.J. Jan. 25, 2024).
* * *
As to specific jurisdiction here, there are simply no
allegations here of any connection between the Defendants and
New Jersey. That dooms a specific jurisdiction argument. See
generally Helicopteros Nacionales de Colombia, S.A. v. Hall, 466
U.S. 408, 414 n.8 (1984).
* * *
As to general jurisdiction, there is nothing to suggest it is in
play.
The Defendant-LLC, see footnote 2, is a Utah limited liability
company and apparently has its principal place of business in
Utah. See Complaint W971 12-13; see also id., Exhibits 1-2. This
means the Defendant-LLC is not “at home” in New Jersey. See
Carrington Tea Co. LLC v. Pretium Packaging L.L.C., 2024 WL
5170711, at *1 (D.N.J. Dec. 19, 2024) (collecting cases that
apply this “at-home” principle in the LLC context); see
generally Daimler AG v. Bauman, 571 U.S. 117, 136-39 (2014).
The Defendant-Member, see footnote 3, is also alleged to be a
Utah resident. See Complaint 7 7; see also id., Exhibits 1-2.
Therefore, he, too, is not subject to New Jersey general
jurisdiction. See Beychok v. Baffert, 717 F. Supp. 3d 392, 409
n.24 (D.N.J. 2024); see generally Goodyear Dunlop Tires
Operations, S.A. v. Brown, 564 U.S. 915, 924 (2011).
* * *
In light of the above, the Plaintiff has not carried its
personal jurisdiction burden, and the motion for default
Judgment is therefore denied. See Baymont, 348 F.R.D. at 228.
IT IS on this 2nd day of May, 2025, “po
Michael E. Farbiarz, U.S.D.J.