United States District Court for the Northern District of California, 2024

GS Holistic, LLC v. Xotic Smokes Inc

GS Holistic, LLC v. Xotic Smokes Inc
United States District Court for the Northern District of California · Decided March 1, 2024
GS Holistic, LLC v. Xotic Smokes Inc

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 5 GS HOLISTIC, LLC, Case No. 22-cv-07628-NC Plaintiff, ORDER TO SHOW CAUSE RE 6 PERSONAL JURISDICTION 7 v. OVER MULHAM ALHAMDANI XOTIC SMOKES INC, et al., Re: ECF 48 Defendants.

10 Plaintiff GS Holistic moves for default judgment against defendants Xotic Smokes, |) Murad, Mulham, and Hashem Alhamdani, and Entesar Dargan. ECF 48. This Court does || not find it has personal jurisdiction over Mulham Alhamdani and orders GS to show cause |} why Mulham should not be dismissed for lack of personal jurisdiction.

14 GS consistently served Mulham Alhamdani in Ohio. See ECF 19, 37, 49. GS does |} not explain Mulham’s Ohio address in its complaint or motion for default judgment. See || ECF 1,48. This Court finds GS’s contention that Mulham is domiciled in California and 17 || thus this Court has general personal jurisdiction over him suspect: Mulham was the only 18 || defendant not served at a California address. See, e.g., ECF 49. And GS has not |} demonstrated Mulham is otherwise subject to specific personal jurisdiction. See || Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. 2004) (outlining || three-part test for specific personal jurisdiction).

22 GS must show cause why this Court should not recommend dismissal of Mulham || Alhamdani for lack of personal jurisdiction. GS must reply in writing by March 15, 2024.

24 || If GS fails to reply, this Court will recommend dismissing Mulham for lack of personal || jurisdiction.

26 IT IS SO ORDERED.

27 || Dated: March 1, 2024 fhe NATHANAEL M. COUSINS 28 United States Magistrate Judge

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