SUPER|OR COURT
oF THE
STATE OF DELAWARE
VlleN L. MEDlNlLLA LENoNARD L. WlLLlAMS JusTlcr-; CENTER
JuDGE 500 NoRTH K\NG STREET, sums 10400
WlLNnNGToN, DE 19801-3733
TELEPHONE (302) 255~0626
March 28, 2017
R. Joseph Hrubiec, Esquire Jeffrey M. Weiner, Esquire
LaW Office of Albert l\/[. Greto LaW Offices of Jeffrey M. Weiner, P.A.
715 N. Tatnall Street 1332 King Street
Wilmington, DE 19801 Wilmington, DE 19801
Re: Michael Ciabattoni v. Teamsters Local 326, et al.
Case No.: N15C-04-059 VLM
Dear Counsel:
This is the Court’s ruling on Defendant Travis Eby (“Eby”)’s Motion to
Dismiss for lack of personal jurisdiction and for failure to state a claim upon Which
relief may be granted After considering the parties’ positions in the filings and at
oral argument on the Motion, Eby’s Motion to Dismiss is GRANTED for lack of
personal jurisdiction
F actual and Procedural Background
F actual Background]
Plaintiff l\/Iichael Ciabattoni (“Plaintiff”) alleges that Defendants, Teamsters
Local 326, its officers, and Eby, engaged in false light invasion of privacy (Count
1 The factual and procedural background in this case is considerable in size and only that Which
is necessary to this opinion is set out below. The Court’s August 22, 2016 Memorandum
Opinion and Order provides greater background surrounding this case. See Cl`abattoni v.
Teamslers Local 326, 2016 WL 4442277 (Del. Super. Aug. 22, 2016) (granting Defendant
Robert Taylor’s motion to dismiss for lack of personal jurisdiction).
I), defamation of character (Count II), tortious interference With business
relationship (Count llI), intentional infliction of emotional distress (Count IV),
breach of contract (Count V), and civil conspiracy to commit the foregoing counts
(Count VI).2 The suit arises out of a Facebook Page and associated posts Wherein
the Teamsters Local 326 officers (“lndividual Teamsters Defendants”), in an
alleged conspiracy With Eby, posted defamatory comments and disclosed
confidential documents concerning Plaintiff to others Who accessed the Facebook
Page.3 Plaintiff demands compensatory and punitive damages.
The allegations stem from Plaintiff`s “voluntary retirement” from Teamsters
Local 326.4 Plaintiff, a former Teamsters vice president, and the lndividual
Teamsters Defendants_officers/directors of Teamsters Local 326-entered into a
confidential settlement agreement Whereby Plaintiff Would pay back allegedly
embezzled funds in the amount of $7,000 and “voluntarily resign” in exchange for
Defendants dropping administrative charges against Plaintiff and recommending to
State authorities that the parties had resolved the charges against Plaintiff5
After the Settlement Agreement, entered into in late 2012, a Delaware
newspaper article profiled Plaintiff` s avoidance of criminal charges related to this
same conduct. Shortly before the newspaper article, Eby_a Harrisburg,
Pennsylvania resident and FedEX Freight employee-created a Facebook Page
entitled “Bring the Teamsters to FedEX Freight.”(’ The Page Was created With the
purpose of promoting unionization efforts at FedEX Freight under the Teamsters’
auspices.7 The Facebook Page Was publicly accessible by other Facebook users
and members of the public alike in January 2015.8
After the article surfaced and Was posted on the Facebook Page, numerous
comments Were made by Facebook users Who clearly had some connection to the
2 See generally Second Amended Complaint (filed Nov. 11, 2016) [hereinafter “Complaint”].
3 Complaint at 11 11.
y 4 See Ciabatloni, 2016 WL 4442277, at *1-2.
5 Complaint at Exhibit B.
6 Complaint at 11 10.
7 Complaint at 11 9.
8 See id.
unionization effort These users posted messages expressing their considerable
displeasure towards Plaintiff and the posts conveyed a desire to uncover more
information about his alleged improprieties9
To that end, Eby, in addition to creating and/or administering the Facebook
Page, allegedly posted two comments of particular note. The first, on January 7,
2015, stated: “Many more documents to come on this clown.”lo The second, on
January 8, 2015, declared: “The grand finally [sic] of all bomb shells [sic] on this
tool to be coming soon.”ll The posts are attributed to the Facebook Page and not
any single author in particular. Notwithstanding the latter, Plaintiff asserted at oral
argument that it was reasonable to infer that Eby posted them because he is the
only identified creator/administrator of the Facebook Page.12
Additionally, Plaintiff alleges that other lndividual Teamsters Defendants,
including signatories of the Settlement Agreement, allegedly posted confidential
information regarding the Agreernent on the Page. Of particular relevance to this
l\/Iotion, however, are two documents that were posted to the Facebook Page: (l)
Plaintist August 5, 2012 Delaware Family Court Protection from Abuse (“PFA”)
Order; and (2) an August 21, 2012 letter, sent from John J. Ryan, Sr. of the General
Teamsters Local Union to Plaintiff accusing him of “wiretapping” the Local Union
Hall.13 These documents were allegedly sent to the Teamsters Local and posted by
the lndividual Teamsters Defendants to the Facebook Page, or sent to Eby for
posting
Procedural Backgro and
Plaintist Second Amended Complaint was filed on November 28, 2016
after the Court granted Plaintiff` s motion for leave to amend the original
Complaint Defendants subsequently answered the Second Amended Complaint
and Defense counsel entered his appearance for Eby. Eby thereafter filed this
Motion to Dismiss on January 13, 2017 on the basis lack of personal jurisdiction
9 See Complaint at Exhibit A (transcript of comments on Facebook Page).
10 Complaint at 11 18.
ll Complaint at 11 19. See also Complaint at Exhibit A.
12 When prompted by this Court, Defense counsel conceded at oral argument that there is no
evidence that Eby was the only administrator of the Facebook page.
13 Complaint at Exhibit A, 12, 15.
and Rule 12(b)(6). The Court has previously granted a similar motion to dismiss
on personal jurisdiction grounds for Defendant Robert Taylor, decided on August
22, 2016.“‘
Eby’s opening brief was filed on January 23, 2017. Plaintiff filed his
response on February 8, 2017. Eby filed a reply brief on February 17, 2017. Oral
arguments on the Motion took place on March 8, 2017. The matter is now ripe for
decision.15
Contentions of the Parties
Eby argues that: (l) Delaware’s long-arm statute, 10 Del. C. § 3104, does
not provide for either specific or general jurisdiction over Eby; (2) even if it did,
the exercise of jurisdiction over Eby would violate due process; and (3) Eby cannot
be brought into Delaware under the conspiracy theory of personal jurisdiction
because Plaintiff cannot meet the established five-part test for this theory without
specific factual evidence of Eby’s alleged involvement in a conspiracy
Plaintiff concedes the issue of specific jurisdiction in his response and places
all his eggs in one basket: the conspiracy theory of personal jurisdiction Arguing
that the five-part test is met here, Plaintiff proceeds to halfheartedly assert that Eby
could also be brought in under specific or general personal jurisdiction pursuant to
10 Del. C. § 3104(c)(3)-(4) as an agent of the other Defendants, over whom the
Court has personal jurisdiction.16
Standard of Review
On a motion to dismiss pursuant to Superior Court Civil Rule 12(b)(2) for
‘4 see Ciabmmnz v. Teamszers Loca1326, 2016 wL 4442277 (Del. super Aug. 22, 2016).
15 Prior to the oral argument on the l\/Iotion, Plaintiff filed an untimely motion to stay the oral
argument so counsel could take the deposition of Eby, hoping to then supplement his response in
opposition to the Motion to Dismiss. The Court denied the l\/Iotion at a hearing on March 7,
2017. Plaintiff’s request for an in camera review of Defendant Eby’s legal fees was also denied
as improperly raised.
16 Because the Court holds that there is no personal jurisdiction over Eby under the conspiracy
theory of personal jurisdiction, this Court does not address the specific personal jurisdiction
arguments made by Plaintiff. However, the Court notes that identical arguments on this issue
were addressed in its August 22, 2016 ruling as to Defendant Taylor.
lack of personal jurisdiction over a defendant, the plaintiff “bear[s] the burden to
articulate a non-frivolous basis for this court's assertion of jurisdiction.”17
Although the factual record is read in the light most favorable to the plaintiff in
ruling on the motion, “the plaintiff must plead specific facts and cannot rely on
mere conclusory assertions.”18 “A court cannot grant a motion under Rule 12(b)(2)
simply by accepting the well pleaded allegations of the complaint as true, because
the pleader has no obligation to plead facts that show the amenability of the
defendant to service of process.”19 The plaintiff can satisfy his or her burden on a
Rule 12(b)(2) motion “by making a prima facie showing that jurisdiction is
conferred by statute.”ZO
ln making the determination of whether personal jurisdiction exists, the
Court’s duty is two-fold: “First, it must determine whether jurisdiction is
appropriate under Delaware's long arm statute. And, second, it must evaluate
whether asserting such jurisdiction would offend the Due Process Clause of the
Constitution.”21 Importantly, legal questions presented by a motion to dismiss for
lack of personal jurisdiction_such as “whether that connection constitutes ‘doing
business,’ whether it satisfies some aspect of a long-arm statute, or whether the
assertion of personal jurisdiction conforms to conventional notions of fair play and
substantial justice”_cannot be answered until the Court determines the underlying
facts regarding “the connection the defendant has had, directly or indirectly, with
the forum.”22
11 1M2 Merch. & M/g., ma v. Tirex Corp., 2000 wL 1664168, at *4 (Del. ch. Nov. 2, 2000)
(citing Harl’ Halding Co. Inc. v. Drexel Burrzham Lambert Inc., 593 A.2d 535, 539 (Del. Ch.
1991)). See also In re Asbestos Lilig. (Ana’erson), 2015 WL 556434, at *3 (Del. Super. Jan. 30,
2015); Boone v. Oy Panek Ab, 724 A.2d 1150, 1154 (Del. super 1997), affd, 707 A.2d 765
(Del. 1998); Greenly v. Davl's, 486 A.2d 669, 670 (Del. 1984); Harman v. Eua’al`ly, 407 A.2d
232, 233 (Del. super 1979),¢1]§"@1,420 A.2d 1175 (Del. 1980).
11 Mgbile Dzagnoszzc Grp. Holdzngs, LLC v. suer, 972 A.2d 799, 802 (Del. Ch. 2009).
19 Harz H@ldmg CO., 593 A.2d at 53 8.
111 Mcl