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.

Cutler v. Harkins

United States District Court, D. Oregon

September 10, 2019

ROBERT CUTLER and NANCY CUTLER, a married couple; and ROBERT TICE, an individual, Plaintiffs,
v.
TYTUS HARKINS, an individual and citizen of the State of Montana; JASON WHITE, an individual and citizen of the State of Washington; HARTMAN WRIGHT, LLC, a Georgia Limited Liability Company; HARTMAN WRIGHT GROUP, LLC, a Colorado Limited Liability Company; HARTMAN WRIGHT PROJECT MANAGEMENT, a Colorado Limited Liability Company; PLEASANT HILL MHP HOLDING, LLC, a Georgia Limited Liability Company; KEVIN T. CAIACCIO, a citizen of the State of Georgia; the CAIACCIO LAW FIRM, LLC; and JOHN & JANE DOES, 1-10, who are either natural persons or legal entities which are currently unknown to the Plaintiffs, Defendants.

          W. TERRY SCANNELL CHRISTOPHER E. HAYES Law Office of Terry Scannell Attorneys for Plaintiffs

          DAVID W. SILKE Gordon Rees Scully Mansukhani, LLP Attorneys for Defendants Kevin T. Caiaccio and the Caiaccio Law Firm, LLC

          OPINION AND ORDER

          ANNA J. BROWN UNITED STATES SENIOR DISTRICT JUDGE

         This matter comes before the Court on the Second Renewed Motion (#45) to Dismiss for Lack of Personal Jurisdiction filed by Defendants Kevin T. Caiaccio and the Caiaccio Law Firm, LLC (the Caiaccio Defendants). The Court concludes the record is sufficiently developed, and, therefore, oral argument is not required to resolve this Motion.

         For the reasons that follow, the Court GRANTS Defendants' Motion and dismisses Plaintiffs' claims against the Caiaccio Defendants for lack of personal jurisdiction.

         BACKGROUND

         The following facts are taken from the Second Amended Complaint (#13) filed by Plaintiffs Robert Cutler, Nancy Cutler, and Robert Tice; the Motion to Dismiss filed by the Caiaccio Defendants; Plaintiffs' Response (#50); and the accompanying Declarations. The facts are construed in the light most favorable to Plaintiffs for purposes of this Motion. See Harris Rutsky & Co. Ins. Serv., Inc. v. Bell & Clements LTD, 328 F.3d 1122, 1129 (9th Cir. 2003).

         On September 21, 2018, Plaintiff filed a Complaint (#1) in this Court and alleged two claims for Oregon securities fraud against all Defendants. On January 25, 2019, Plaintiffs filed an Amended Complaint (#8). On February 14, 2019, Plaintiffs filed a Second Amended Complaint (#13) in which they allege a claim of Oregon securities fraud against all Defendants, including the Caiaccio Defendants, and additional claims against the other Defendants that are not alleged against the Caiaccio Defendants.

         Plaintiffs are residents of Oregon. The Caiaccio Defendants, consisting of an attorney and his law firm, are residents of Georgia. Defendant Tytus Harkins is a resident of Montana, and Defendant Jason White is a resident of Washington. Plaintiffs allege Harkins and White formed Defendants Hartman Wright, LLC; Hartman Wright Group, LLC; Hartman Wright Project Management; and Pleasant Hill MHP Holding, LLC, in order to "develop affordable housing development[s] in Georgia and other states."

         Between May 2015 and October 2015 Harkins and White sought investors, including Plaintiffs, to invest in "various Hartman Wright entities and projects." Harkins and White told Plaintiffs that they "would be investing in specific properties and that their investment funds would be used for the sole purpose of investing in those specific properties." In addition, they told Plaintiffs that "their funds would be secured by deeds of trust and . . . would only be used for a specific property." Plaintiffs made investments in the Hartman Wright projects in Georgia based on those representations.

         Plaintiffs allege the representations of Harkins and White were false and misleading and that Harkins and White "either spent the investment funds for their own purposes or to fund their own projects in which the investors did not have a stake. In addition, to the extent the Hartman Wright Defendants purchased any properties they did so at prices that were either represented to be higher than they actually were or not disclosed to the investors and sold to the investors at vastly inflated prices."

         Plaintiffs also allege the Caiaccio Defendants "materially aided and abetted in the sale of securities sold to the Plaintiffs by doing the work to prepare documents that were critical to the formation of the various entities as well as the sale of actual securities that were sold to the Plaintiffs," "directly or indirectly accepted money from the various investors into [their] office account and/or trust account . . . for the sale of the securities when the investors were not clients" of the Caiaccio Defendants, and "used phones and wire communication to contact the Plaintiffs in the State of Oregon for the purposes of having the Plaintiffs invest in the Hartman Wright securities." On March 15, 2019, the Caiaccio Defendants filed a Motion (#25) to Dismiss for Lack of Jurisdiction.

         On May 1, 2019, the Court denied the Caiaccio Defendants' Motion as premature with leave to renew following completion of jurisdictional discovery.

         On July 22, 2019, the Caiaccio Defendants filed a Second Renewed Motion (#45) to Dismiss for Lack of Jurisdiction. On August 26, 2019, the Court ...


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.