Dee-K Enterprises Inc v Heveafil Sdn Bhd

1997

Venue: E.D. VA
Facts: Plaintiffs are VA and NC corporations, and they're suing folks from Malaysia, Indonesia, and Thailand about an alleged conspiracy to fix the price of the rubber thread they sell to plaintiffs.
Posture: Motion to dimsiss for bad venue and lack of jurisdiction.
Issue: Two of them:
  1. Is there personal jurisdiction over an Indinesian company that consummates its sales in Indonesia?
  2. Is venue proper in E.D. VA?
Holding: Yes, and don't know.
Rule: Two of them:
  1. First you need a statute authorizing jurisdiction, then you need service that comports with due process
  2. Here we need to find out of a defendant can be "found" in E.D. VA, and we don't have enough facts alleged.
Reasoning: We've got authorizing statutes (including FRCP 4(k)(2)), and we've got service proper under 4(f)(2)(C)(ii). So the first issue is easy.

Now, aliens can be sued in any district, so we just need to know where the American defendants are. Unfortunately that's mysterious at the moment, so the plaintiffs are going to have to go do some more homework.
Dicta: