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BOARDTOWN, INC., PLAINTIFF, v. ABACUS AMERICA, INC., d/b/a A+NET, d/b/a RODOPI SOFTWARE and IVAN VACHOVSKY, indi

ORDER

NEAL B. BIGGERS, JR., Senior United States District Judge

This cause comes before the Court upon the defendants' motion to dismiss for lack of personal jurisdiction and the plaintiff's motion to stay consideration of the defendants' motion and to allow limited discovery. Upon due consideration, the Court finds that a ruling on the defendants' motion to dismiss should be withheld at this time, and the plaintiff's motion to stay should be granted. The plaintiff is allowed forty-five days in which to conduct limited discovery for evidence on the jurisdictional issue. At the end of this period, the plaintiff will be expected to show, among other things, why the individual defendant, Ivan Vachovsky, should not be dismissed and to explain why one percent of a company's business should be deemed sufficient to satisfy the minimum contacts requirement with Mississippi. Further, the parties should clarify for the Court the corporate structure of Abacus America, Inc., and explain whether the Court should consider the Mississippi activities of A+Net, as well as Rodopi Software, in ruling on the jurisdictional issue.

It is, therefore,

ORDERED that the plaintiff's motion to stay consideration of the defendants' motion to dismiss is GRANTED. The plaintiff is allowed forty-five days from the date of this order to conduct discovery for evidence on the jurisdictional issue. At the end of this period, the stay will be automatically lifted, and the defendants may resubmit their motion followed by the appropriate briefing schedule.

SO ORDERED.

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BOARDTOWN, INC. v. ABACUS AMERICA, INC., (N.D.Miss. 2002)
(Sep 5, 2002)