Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
OLESS MAUIGOA, an individual,
MEMORANDUM DECISION AND
Plaintiff, ORDER GRANTING MOTION TO
DISMISS FOR LACK OF PERSONAL
v. JURISDICTION
UNITED AIRLINES, INC., a Delaware
Corporation; RYAN GEORGE EDDY, an Case No. 2:25-cv-00458-JNP-DAO
individual; and JOHN DOES 1–XX,
Chief District Judge Jill N. Parrish
Defendants.
On July 14, 2025, Defendants United Airlines, Inc. and Ryan George Eddy moved to
dismiss Plaintiff Oless Mauigoa’s complaint. ECF No. 13. Plaintiff opposes the motion. ECF No.
41. For the following reasons, the court grants the motion to dismiss for lack of personal
jurisdiction.
BACKGROUND1
0F
In the Fall of 2023, Mauigoa, a Utah resident, applied to a flight attendant position at United
Airlines, a Delaware corporation with its principal place of business in Chicago, Illinois. ECF No.
2-2 ¶¶ 1–2, 8. As part of this application, he attached his resume, which disclosed his former
employment as a Delta Airlines flight attendant. Id. ¶ 9. After receiving an interview invite and a
link to another online application (through a service called “Accurate”), Mauigoa again listed Delta
1 The court recites the facts as alleged in the complaint. ECF No. 2-2.
as a former employer. Id. ¶ 10. Mauigoa was eventually hired and began to work as a flight
attendant for United. Id. ¶¶ 12–13.
At some point, United reached out to Mauigoa, asking him to participate in an “Investigator
Meeting.” Id. ¶ 14. United had apparently received an email claiming that Mauigoa was a safety
risk given an alleged history of violence and arrests. Id. ¶ 15. A United compliance employee,
however, indicated that the background check process did not turn up any arrests or convictions.
Id. ¶ 17. Another United Employee, Jason Hawks, claimed that Mauigoa did not properly disclose
his work history with Delta. Id. ¶ 18.
In response, Mauigoa asserted that these allegations could have been made in retaliation
for an EEOC case against Delta, “involving his defending himself against an assault.” Id. ¶ 20. He
also asserted that he had disclosed his work history, twice. Id. ¶ 23.
United initiated two additional Investigator Meetings. Id. ¶¶ 28–29. Prior to the third
meeting, Mauigoa received from United an email chain in which another United employee, Ryan
Eddy, stated that he had information that Mauigoa was a registered sex offender for exposing
himself to a child. Id. ¶ 31. Eddy resides in Illinois. Id. ¶ 3. Shortly after the third meeting, United
terminated Mauigoa’s employment. Id. ¶ 40.
Mauigoa has since filed a complaint against United, Eddy, and John Does, alleging
defamation, tortious interference with economic relations, and intentional infliction of emotional
distress. Id. ¶¶ 42–69. Defendants then filed a motion to dismiss, arguing that the court lacks
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personal jurisdiction over Defendants, that the Railway Labor Act preempts Mauigoa’s state law
claims, and that Mauigoa failed to state a claim for relief.2 ECF No. 13.
1F
LEGAL STANDARD
The Fourteenth Amendment’s Due Process Clause limits a court’s ability to exercise
jurisdiction over a defendant. Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 592 U.S. 351, 358
(2021). Whether a court may exercise personal jurisdiction over a defendant depends on the
defendant’s relationship with the forum state. See Bristol-Meyers Squibb Co. v. Superior Ct. of
Calif., 582 U.S. 255, 261–262 (2017). “The Plaintiff bears the burden of establishing personal
jurisdiction over the defendant.” OMI Holdings, Inc. v. Royal Ins. Co. of Can., 149 F.3d 1086,
1091 (10th Cir. 1998) (citation omitted).
In considering a motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2),
“[a] district court has discretion to resolve such a motion in a variety of ways—including by
reference to the complaint and affidavits, a pre-trial evidentiary hearing, or sometimes at trial
itself.” Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 514 F.3d 1063, 1069 (10th Cir. 2008). If
the court does not hold an evidentiary hearing, “the plaintiff need only make a prima facie showing
of personal jurisdiction to defeat the motion.” OMI Holdings, 149 F.3d at 1091. “The plaintiff may
make this prima facie showing by demonstrating, via affidavit or other written materials, facts that
if true would support jurisdiction over the defendant.” Id.
The court must accept the factual allegations of the complaint as true but only “to the extent
they are uncontroverted by the defendant’s affidavits. If the parties present conflicting affidavits,
2 Because the court resolves the motion based on the personal jurisdiction argument, it need not
address Defendants’ other arguments.
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all factual disputes are resolved in the plaintiff’s favor[.]” Rambo v. Am. S. Ins. Co., 839 F.2d 1415,
1417 (10th Cir. 1988) (quoting Behagen v. Amateur Basketball Ass’n of the U.S., 744 F.2d 731,
733 (10th Cir. 1984), cert. denied, 471 U.S. 1010 (1985)); see Great Bowery v. Best Little Sites,
609 F. Supp. 3d 1240, 1246 (D. Utah 2022) (“The court must resolve all factual disputes in favor
of the plaintiff regarding that prima facie showing and must treat well-pled . . . factual allegations
in the complaint as true, unless they are disputed by a declaration.”).
ANALYSIS
Utah’s long-arm statute extends “jurisdiction over nonresident defendants to the fullest
extent permitted by the due process clause of the Fourteenth Amendment . . . .” Utah Code Ann. §
78B-3-201(3). The court’s personal jurisdiction analysis is thus a single inquiry under the due
process clause. See Miller v. Cleara, LLC, 743 F. Supp. 3d 1357, 1364 (D. Utah 2024). “Although
a nonresident’s physical presence within the territorial jurisdiction of the court is not required, the
nonresident generally must have ‘certain minimum contacts . . . such that the maintenance of the
suit does not offend traditional notions of fair play and substantial justice.’” Walden v. Fiore, 571
U.S. 277, 283 (2014). (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)).
“Personal jurisdiction can be acquired through either general jurisdiction or specific
jurisdiction.” XMission, L.C. v. Fluent LLC, 955 F.3d 833, 840 (10th Cir. 2020). For individuals,
“an individual is subject to general jurisdiction in her place of domicile.” Ford Motor Co. v.
Montana Eighth Jud. Dist. Ct., 592 U.S. 351, 358–59 (2021). For corporations, “the place of
incorporation and principal place of business are ‘paradig[m] . . . bases for general jurisdiction.’”
Daimler AG v. Bauman, 571 U.S. 117, 137 (2014) (citation omitted). Otherwise, for there to be
general personal jurisdiction, the defendant corporation’s contacts with the forum state must be
“so ‘continuous and systematic’ as to render [it] essentially at home in the forum [s]tate.’” Daimler,
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571 U.S. at 127 (quoting Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919
(2011)).
The “constitutional touchstone” for specific jurisdiction is “whether the defendant
purposefully established ‘minimum contacts’ in the forum [s]tate.” Burger King Corp. v.
Rudzewicz, 471 U.S. 462, 474 (1985) (quoting Int’l Shoe Co., 326 U.S. at 316). Minimum contacts,
in turn, means that “(1) the out-of-state defendant ‘purposefully directed’ its activities at residents
of the forum [s]tate, and (2) the plaintiff’s injuries ‘arise out of or relate to those activities.’” Fluent
LLC, 955 F.3d at 840 (quoting Burger King, 471 U.S. at 472). “The contacts must be the
defendant’s own choice and not ‘random, isolated, or fortuitous.’” Ford Motor Co., 592 U.S. at
359 (quoting Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 774 (1984)). In other words, the
court considers “whether the defendant has such minimum contacts with the forum state ‘that he
should reasonably anticipate being haled into court there.’” OMI Holdings, 149 F.3d at 1091
(quoting World–Wide Volkswagen v. Woodson, 444 U.S. 286, 297 (1979)).
In making their motion to dismiss for lack of personal jurisdiction, Defendants note that
United is a Delaware corporation with a principal place of business in Chicago, Illinois, ECF No.
2-2 ¶ 1, and that Eddy is an Illinois resident who works in Chicago, has not visited Utah, and does
not conduct business in Utah, ECF No. 13-1 ¶ 2. Accordingly, there is no general jurisdiction over
either Defendant in Utah. See Daimler AG v. Bauman, 571 U.S. 117, 139 n.20 (2014) (“A
corporation that operates in many places can scarcely be deemed at home in all of them.”).
The court also finds that there is no specific jurisdiction over Defendants. The complaint
does not assert that the alleged defamatory statements or tortious actions were directed towards
Utah in a relevant manner to any degree. See Shrader v. Biddinger, 633 F.3d 1235 (10th Cir. 2011)
(noting that, in the internet context, “[c]onsistent with the thrust of the Calder-derived analysis for
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specific jurisdiction, . . . courts look to indications that a defendant deliberately directed its
message at an audience in the forum state and intended harm to the plaintiff occurring primarily
or particularly in the forum state”). Defendants’ affidavits in fact show that Mauigoa was based in
Colorado for United, that the two people Eddy emailed were not in Utah, and that a union
representative that United forwarded information to was also not based in Utah. See ECF No. 13-
1, 13-2. The fact that Mauigoa himself received the alleged tortious statements while in Utah is
not sufficient to render specific jurisdiction proper. Reed v. Ascension Health, No. 24-CV-00419-
SH, 2025 WL 1361747, at *4 (N.D. Okla. May 9, 2025) (“Plaintiffs . . . cannot[] assert that
statements made only to them can constitute defamation . . . or tortious interference with their
business relations with third parties sufficient to render jurisdiction over [Defendant] proper in
Oklahoma” (italics substituted for underlined text)).
Mauigoa responds to Defendants’ personal jurisdiction argument only by contending that
he should be allowed to conduct jurisdictional discovery. ECF No. 41 at 4. He relies on Sizova v.
Nat. Inst. of Standards & Tech., 282 F.3d 1320, 1326 (10th Cir. 2002), to support the proposition
that it would be an abuse of discretion for the court to grant the motion to dismiss without allowing
additional discovery.
Mauigoa’s reliance on Sizova is misplaced, however. First, Sizova was dealing with a
motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure
12(b)(1). Id. The court here is considering personal jurisdiction under Rule 12(b)(2). Second, and
more importantly, the Tenth Circuit has “held that ‘a refusal to grant [jurisdictional] discovery
constitutes an abuse of discretion if the denial results in prejudice to a litigant’ and that ‘[p]rejudice
is present where pertinent facts bearing on the question of jurisdiction are controverted . . . or
where a more satisfactory showing of the facts is necessary.’” Breakthrough Mgmt. Grp., Inc. v.
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Chukchansi Gold Casino & Resort, 629 F.3d 1173, 1189 (10th Cir. 2010) (quoting Sizova, 282
F.3d at 1326) (citation modified). Here, there is no prejudice as no pertinent fact bearing on
personal jurisdiction is controverted. Not only did Mauigoa not respond to any of the personal
jurisdiction arguments that Defendants raised, but Mauigoa has also not presented any substantive
response to Defendants’ jurisdictional allegations that are supported by affidavits. See Rambo v.
Am. S. Ins. Co., 839 F.2d 1415, 1417 (10th Cir. 1988); Clements v. Tomball Ford, Inc., 812 F.
Supp. 202, 205 (D. Utah 1993) (“Where a defendant has specifically rebutted a complaint’s
jurisdictional allegations by affidavit, plaintiff cannot rely on those allegations, but must submit
his own affidavits, depositions etc.”). The court thus finds jurisdictional discovery unwarranted.
CONCLUSION AND ORDER
For the above reasons, the court GRANTS Defendants’ motion to dismiss for lack of
personal jurisdiction. ECF No. 13.
Signed March 24, 2026.
BY THE COURT
JUIN. Parrish =”
United States Chief District Judge
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