In resolving a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction, can the court consider affidavits and other materials submitted on the motion?
MultiRegion, United States of America
The following excerpt is from Lindora, LLC v. Isagenix Int'l, LLC, 198 F.Supp.3d 1127 (S.D. Cal. 2016):
In resolving a Rule 12(b)(2) motion, the court may consider evidence outside the pleadings, including affidavits and other materials submitted on the motion.3 See Daimler AG v. Bauman , 571 U.S. , 134 S.Ct. 746, 752, 187 L.Ed.2d 624 (2014) (noting that plaintiffs opposing the motion to dismiss for lack of personal jurisdiction submitted declarations and exhibits purporting to demonstrate defendant's contacts in the forum state);
[198 F.Supp.3d 1136]
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