Janusz Omeluk v. Langsten Slip & Batbyggeri A/s

The sole issue before us is whether the defendant’s contacts with the forum adequately supported the exercise of personal jurisdiction. We affirm the district court’s dismissal, because they did not.

I. FACTS

The case was dismissed on what was called a motion for summary judgment based on lack of jurisdiction, but more properly should be considered a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2). The district court did not hear testimony or make findings of fact. Instead, each side submitted declarations, deposition testimony and other evidence, and the district court dismissed based on the evidence submitted. The affidavits are not in conflict. Because the quantum of proof necessary for the plaintiff, where the district court receives only written submissions such as these, is whether the plaintiff presented a prima facie showing of jurisdictional facts, we set out the facts on the assumption that the matters so set forth could be proved. Data Disc, Inc. v. Systems Tech. Assoc., Inc., 557 F.2d 1280, 1285 (9th Cir.1977); Farmers Ins. Exch. v. Portage La Prairie Mut. Ins. Co., 907 F.2d 911, 912 (9th Cir.1990).

Omeluk, a seaman on the ship F/V ACO-NA, was…