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Cannella v. Intercontinental Hotel Grp. PLC

Jurisdiction Over Foreign Corporations Lacking in Hotel Guest's Action Over 2018 Injury

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OPINION AND ORDER GRANTING MOTION TO DISMISS Plaintiffs Nicholas Cannella and Jennifer Cannella bring this action asserting tort claims against foreign Defendants Intercontinental Hotels Group, PLC, Six Continents Holdings, LTD., Six Continents International Holdings, B.V., H.I.M. Aruba B.V., and Holiday Inn Mexicana, SA. Before the Court is Defendants’ motion to dismiss the claims against them for lack of personal jurisdiction and failure to state a claim [ECF No. 21]. For the reasons set forth below, the motion to dismiss is GRANTED. I. BACKGROUND¹ Plaintiffs Nicholas and Jennifer Cannella are residents of New York. Compl. 1; see Compl. 75. Mrs. Cannella made a reservation to stay at the Holiday Inn Aruba through the website Travelocity in February 2018. J. Cannella Aff. 4. Neither the Complaint, nor Mrs. Cannella’s affidavit, nor the email confirmation from Travelocity indicate where Mrs. Cannella was when she booked this reservation. Mr. Cannella was injured in 2018, while he and his wife were guests at the Holiday Inn Aruba. See Compl.

64, 65. Thereafter, Mr. and Mrs. Cannella commenced an action in state court against two defendants who are not named in this action [ECF No. 21-6]. See Glob. Network Commc’ns, Inc. v. City of New York, 458 F.3d 150, 157 (2d Cir. 2006) (recognizing that courts can “take judicial notice of a document filed in another court.”). Then, several years later, Plaintiffs initiated this federal court action against a number of foreign defendants about the same injury [ECF No. 6 ("Compl.")]. Defendant Intercontinental Hotels Group, PLC (“IHG PLC”) is a British company with its principal place of business in the United Kingdom. Compl.

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