The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Roberta Berks ("Berks") has filed this diversity action on
behalf of her minor daughter Sheryl ("Sheryl") against
Wisconsin-incorporated Rib Mountain Ski Corporation*fn1 ("Rib
Mountain"), charging Rib Mountain's negligence caused Sheryl to
be injured while skiing. Rib Mountain has moved alternatively for
(1) dismissal under Fed.R.Civ.P. ("Rule") 12(b)(2) for lack of
jurisdiction over its person or (2) transfer under 28 U.S.C. § 1404(a)
("Section 1404(a)"). For the reasons stated in this
memorandum opinion and order, the first branch of its motion is
Rib Mountain operates a ski resort in Wausau, Wisconsin with
attendant ski rental and instruction facilities. On March 6, 1982
Sheryl went to Rib Mountain to ski, rented some equipment from
the rental center and took skiing instructions from a Rib
Mountain employee. While skiing Sheryl fell and broke her leg.
Rib Mountain has never been registered to do business in
Illinois, has never owned realty in Illinois and has never
shipped goods into Illinois. All its employees and all members of
its Board of Directors (the latter are all Oliva family members)
have been and are non-Illinois residents. Its office and records
are located in Wisconsin. Its only Illinois-oriented activities
are some means of soliciting business: a booth at the 1982
Chicago Ski and Winter Show, newspaper advertisements, newspaper
accounts and radio broadcasts of skiing conditions, and circulars
in sports and ski shops.
This Court looks to Illinois service-of-process standards to
determine whether Rib Mountain is amenable to suit here. Because
the Illinois Supreme Court has recently made it plain it will not
necessarily expand those standards to the full extent the Due
Process Clause would allow,*fn4 this Court need consider only:
1. the Illinois "long-arm" statute, Ill.Rev.Stat.
ch. 110, § 2-209 ("Section 2-209");*fn5 and
2. the Illinois "doing business" rule.*fn6
Lexington United, 87 Ill.2d at 199, 57 Ill.Dec. at 733-34, 429
N.E.2d at 850-51.
Berks concedes (Mem. ) in personam jurisdiction over Rib
Mountain cannot be based on Section 2-209, for Berks' cause of
action does not arise out of any Rib Mountain conduct in
Illinois. That leaves for determination the "doing business"
question, under which the primary inquiry is whether the
Lexington United, 87 Ill.2d at 201, 57 Ill.Dec. at 735, 429
N.E.2d at 852.
Illinois "doing business" criteria do not reach nonresident
corporations that merely solicit business in Illinois. Id., 87
Ill.2d at 201-03, 57 Ill.Dec. at 735-36, 429 N.E.2d at 852-53.
All Rib Mountain's activities referred to in the "Facts" section
of this opinion are considered "mere" solicitation for that
purpose. See Braasch v. Vail ...