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Diamond v. Calaway

Court Holds Long-Arm Jurisdiction Over Defendant's Wife, but Not Mother, Over Fraud Scheme

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Todd Diamond, Plaintiffv.Thomas Calaway, Lisa Calaway, and Sandra Calaway, Defendants

OPINION AND ORDER Plaintiff brings this action to recover funds allegedly loaned to, but never repaid by, Defendant Thomas Calaway (“Mr. Calaway”). Plaintiff alleges that Mr. Calaway conspired with his wife, Lisa Calaway (“Mrs. Calaway”), and his mother, Sandra Calaway (“S. Calaway,” and together with Mrs. Calaway, the “Moving Defendants”), to defraud Plaintiff out of funds totaling $500,000. Plaintiff advances several causes of action, including breach of contract and negligent misrepresentation claims against Mr. Calaway; a fraudulent misrepresentation claim against Mr. and Mrs. Calaway; and unjust enrichment, civil conspiracy, and aiding and abetting fraud claims against all three Defendants.Pending before the Court is the Moving Defendants’ motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). For the reasons set forth below, the motion is granted in part and denied in part.BACKGROUND¹A. Factual BackgroundAt all relevant times, Plaintiff was a member of Nima Scrap LLC (“Nima”), a company whose business plan was to purchase raw metal from Chile, and then process and resell the metal. (Compl.

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