C. Eugene Cook and Harriet J. Cook, Individually and as Husband and Wife v. Noel P. Fox

In 1973, C. Eugene Cook was named a defendant in federal securities litigation in the Western District of Michigan. After moving to Arizona in 1974, Cook became displeased with certain orders filed in the Michigan litigation which prevented the removal of contested assets from the jurisdiction of the court. Cook and his wife thereupon sued United States District Judge Noel P. Fox and his wife for damages, filing the action in the United States District Court for the District of Arizona. The district court in Arizona dismissed the action for want of personal jurisdiction over the named defendants, and Cook appeals. We affirm.

Personal jurisdiction in a federal court may be obtained pursuant to Fed.R. Civ.P. 4(d)(7) by reference to the jurisdictional law of the state in which the federal court sits. The relevant part of Arizona’s “long arm” statute provides:

The Foxes cannot be said to have “caused” any event giving rise to the Cooks’ complaint within the state of Arizona.

Furthermore, the court orders entered in a federal court sitting in Michigan, preventing the transfer of property within the jurisdiction of that court, do not sufficiently affect persons or property in Arizona…