Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED SERVICES AUTO. ASS'N v. CREGOR

September 30, 1985

UNITED SERVICES AUTOMOBILE ASSOCIATION, PLAINTIFF,
v.
JOHN M. CREGOR, JR. AND HEIDI CREGOR, WILLIAM MCNALLY AND LORRAINE MCNALLY, DEFENDANTS.



The opinion of the court was delivered by: Bua, District Judge.

ORDER

Before the Court is defendants' motion to dismiss for lack of personal jurisdiction and proper notice or, in the alternative, to transfer this case to the United States District Court for the District of Hawaii. For the reasons stated herein, defendants' motions to dismiss and to transfer are denied.

I. FACTS

The plaintiff United Services Automobile Association (USAA) is a citizen of the State of Texas while the defendants in this action, Heidi and John Cregor, are citizens of the State of Hawaii. The plaintiff seeks a declaratory judgment by this court removing any responsibility on the plaintiff's part for defending and indemnifying the Cregors in an underlying action brought by William and Lorraine McNally. The McNallys, citizens of Illinois, previously brought an action against the Cregors in the Illinois courts claiming that the Cregors committed fraud and breach of contract when the Cregors sold their Wilmette, Illinois home to the McNallys in April of 1983. USAA had issued three homeowners' insurance policies to the Cregors between 1980, when the Cregors lived in Wilmette, and October of 1983, after they had moved to Hawaii.

After they were served in the McNally lawsuit, the Cregors tendered the defense of that lawsuit to USAA. USAA subsequently filed this declaratory judgment action.

The Cregors move to dismiss this declaratory judgment action on grounds of improper notice and lack of personal jurisdiction. In the alternative, the Cregors seek transfer of this action to the United States District Court for the District of Hawaii.

II. DISCUSSION

A. Proper Notice

Rule 4(c)(2)(C)(ii) of the Federal Rules of Civil Procedure provides the requirements for proper notice by mail. The above section states that a return envelope with prepaid postage must be enclosed with the summons and the complaint. In the present case, plaintiff apparently failed to submit the return envelope with prepaid postage. However, plaintiff's technical error was an oversight which did not greatly prejudice the defendant, if at all. Adequate notice was given and therefore this technical failure creates no basis for dismissal of the action. SCM Corporation v. Brotherhood International Corp., 316 F. Supp. 1328, 1335 (S.D.N.Y. 1970).

B. Personal Jurisdiction

Chapter 110, Section 2-209 of the Illinois Revised Statutes governs personal jurisdiction under the Illinois Long-Arm Statute. It provides the following grounds for assertion of personal jurisdiction over a nonresident:

  (1) The transaction of any business within this
  State;
  (2) The commission of a tortious act within this
  State;
  (3) The ownership, use, or possession of any real
  estate ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.