OPINION AND ORDER Plaintiff Olimpia Villalobos is a Mexican citizen who competed on “Exatlón Estados Unidos,” a Spanish-language, athletics-based reality television show. The show is owned by a foreign company called Acun Medya Korlátolt Felelosségu Társaság (“Acun Medya”), and Villalobos appeared in a season that was filmed in the Dominican Republic. Alleging that she was sexually assaulted after suffering an injury while filming the show, Villalobos brings various federal and state law causes of action. The named Defendants include Rafael Ortega and Francisco Suarez, two citizens of Florida who were involved in the production of the show, and Villalobos’s allegations concern conduct by these individuals in the Dominican Republic and Mexico. Ortega and Suarez move to dismiss Villalobos’s claims against them for lack of personal jurisdiction, arguing that neither they nor Villalobos’s claims have any connection to the State of New York. Villalobos responds that Ortega and Suarez are subject to this Court’s jurisdiction because, as a condition of her appearance on the television show, Villalobos and Acun Medya entered into a contract with a forum-selection clause choosing New York County and this District as forums for any disputes under the contract. Although neither Ortega nor Suarez are parties to that contract, and although neither has ever been employed by Acun Medya, Villalobos argues that both nonetheless should be bound to the contract’s terms because they helped produce the television show. The Court disagrees. Such an attenuated connection to the State of New York, without more, is insufficient for the Court to exercise personal jurisdiction. The Court therefore grants Ortega’s and Suarez’s motions to dismiss without prejudice to refiling in a proper forum. I. Background1 The Court assumes familiarity with the facts alleged in this case, which were described at length in the Court’s Opinion of September 26, 2023. See Doe v. Telemundo Network Grp. LLC, No. 22 Civ. 7665 (JPC), 2023 WL 6259390, at *1-3 (S.D.N.Y. Sept. 26, 2023). The facts and procedural history thus are summarized herein only to the extent relevant to resolving the pending motions. “Exatlón Estados Unidos” (the “Show”) is a Spanish-language reality sports competition television show. SAC 19. Villalobos, a resident of Mexico, appeared as a contestant on Season 3 of the Show, which was filmed in the Dominican Republic during 2019. Id.
3, 21; Dkt. 96, Exh. C (“Participant Agreement”) at 2. Non-party Acun Medya, a foreign company,2 owns the Show, its format, and all intellectual property rights thereto. See SAC 10; Dkt. 92 (“Ortega Decl.”) 8; see also Dkt. 94 (“Ortega Br.”) at 3; Dkt. 97 (Suarez’s lead brief) at 6 & n.1; Dkt. 98 (“Opp.”) at 4. Pursuant to a broadcasting agreement, Acun Medya licenses its rights to the Show to Telemundo Network Group, LLC (“Telemundo”), allowing Telemundo to broadcast each season on its television network. See Participant Agreement at 5, 42 (describing Telemundo as the “broadcasting entity” responsible for broadcasting the show); see also Ortega Br. at 4 & n.3; Opp. at 4. Notwithstanding this agreement, Acun Medya remains the producer of the Show, see Participant Agreement at 2, and is solely responsible for all attendant duties, including developing the storyline, securing a filming location, and filming and editing the Show, Dkt. 96, Exh. A (“Suarez Dep. Tr.”) at 15:14-16:9, 17:16-23, 21:16-22:5, 26:13-29:9. At all relevant times, Suarez was employed by Telemundo as the Executive Vice President of Primetime Realities and Specials. Dkt. 96, Exh. B (“Suarez Resps.”) at 4. In that role, “Suarez’s duties with respect to the Show were to ensure that, from a content and visual perspective, the Show met Telemundo’s standards for broadcasting.” Id. While the Show was filming, Ortega was an employee of Yoh Staffing Services and was engaged by Telemundo as a contractor, Ortega Decl.
