Mauselle v. Rodgers Marine LLC
Mauselle v. Rodgers Marine LLC
Opinion of the Court
MEMORANDUM
Douglas S. Mauselle appeals pro se from the district court’s order dismissing, for lack of personal jurisdiction, his diversity action alleging state law claims arising from the purchase of a houseboat. We have jurisdiction pursuant to 28 U.S.C. § 1291. After de novo review, Ochoa v. J.B. Martin & Sons Farms, Inc., 287 F.3d 1182, 1187 (9th Cir. 2002), we vacate and remand.
In his opposition to defendants’ motion to dismiss, Mauselle requested leave to amend his complaint. However inartful, Mauselle’s pro se filings set forth a basis for personal jurisdiction in the fact that the transactions at issue in his complaint involve “commerce” on the Columbia River and therefore affect citizens of both Oregon and Washington. Because defendants had not yet filed a responsive pleading, Mauselle had a right to amend his complaint to state with more particularity the basis for personal jurisdiction over defendants. See Fed.R.Civ.P. 15(a) (“A party
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
This disposition is not appropriate for'publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.