Tevdorashvili v. Qatar Airway

MEMORANDUM & ORDER Plaintiffs Nino Tevdorashvili and Joni Jikidze (“Plaintiffs”), proceeding pro se, commenced this action against Defendant Qatar Airways Q.C.S.C. (incorrectly sued as “Qatar Airway,” hereinafter “Defendant” or “Qatar Airways”) on December 22, 2023, in the Supreme Court of the State of New York, Queens County. Defendant removed the action to this Court pursuant to 28 U.S.C. §§1330(a) and 1441(d). Before this Court is Defendant’s motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(2) and for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6). For the reasons set forth below, Defendant’s motion to dismiss for lack of personal jurisdiction is granted, and Plaintiffs’ Complaint is dismissed in its entirety. BACKGROUND I. Factual Background¹ This dispute arises from an incident that occurred on July 8, 2023, at John F. Kennedy International Airport (“JFK Airport”) when Plaintiffs and their two children arrived for their Qatar Airways flight, QR 702, from New York to Doha, Qatar. (See Compl., Dkt. 1-1 at ECF 4-6; Pls.’ Opp., Dkt. 18 at ECF² 18.) On or about July 30, 2022, Plaintiffs purchased roundtrip tickets for Qatar Airways flights from Tbilisi, Georgia to New York City, with stops in Doha, Qatar in both directions. (Pls.’ Opp., Dkt. 18 at ECF 18.) When Plaintiffs attempted to check in for their return flight out of JFK Airport on July 8, 2023, a disagreement arose related to Plaintiffs’ baggage allowance. (Compl., Dkt. 1-1 at ECF 5; Pls.’ Opp., Dkt. 18 at ECF 14.) Plaintiffs claim that Defendant called the police on them for “no apparent reason.” (Compl., Dkt. 1-1 at ECF 4.) Plaintiffs state that they were then denied boarding, told that the airline would refund and issue new tickets within 24 hours, and told to come back the following day. (Id. at ECF 4-5.) After Plaintiffs purchased new tickets and returned the next day, they allege that they were again denied boarding and that the police were called on them a second time. (Id. at ECF 5-6.) Plaintiffs claim that they submitted “100 ticket numbers” with Defendant to have this matter resolved but Defendant did not answer them or return their money. (Id. at ECF 5.) II. Procedural Background Plaintiffs filed this action in the Supreme Court of the State of New York, Queens County, on December 22, 2023, under Index No. 727115/2023. (Id. at ECF 4-7.) Though pro se Plaintiffs’ handwritten Complaint is difficult to read and does not set forth specific causes of action, their central allegations are that Defendant denied them boarding without a refund, blacklisted them from the airline, accused them of harassment without evidence, and emotionally abused them. (Id. at ECF 4-6.) According to the Affidavit of Service, Plaintiffs’ process server attempted to serve the Summons and Complaint by personal delivery on a Qatar Airways employee at JFK Airport, Terminal 8, on January 10, 2024. (Aff. Serv., Dkt. 1-2 at ECF 2-3.) The employee refused to accept service. (Id.) The process server then mailed the Summons and Complaint to JFK Airport and to Qatar Airways’ Administrative Office located at 350 Fifth Avenue, Suite #7630, New York, New York 10118 on January 12, 2024. (Id. at 3-4, 6.) Defendant subsequently removed the action to this Court pursuant to 28 U.S.C. §§1330(a) and 1441(d) on the ground that Defendant is a “foreign state” under 28 U.S.C. §1603(a). (Not. Removal, Dkt. 1 at