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ry and decided without an evidentiary hearing, Plaintiffs need only make a prima facie showing that personal jurisdiction ex- ists. PDK Labs, Inc. v. Friedlander, 103 F.8d 1105, 1108 @d Cir.1997); AZ. Trade Finance, Inc. v. Petra Bank, 989 F.2d 76, 79 (2d Cir.1993). Plaintiffs may rely en- tirely on factual al
Page: HOUSE_OVERSIGHT_017869 →, A.J Trade, 989 F.2d at 79. In resolving the motions, the Court will read the com- plaints and affidavits in a light most favor- able to Plaintiffs. PDK Labs, 103 F.3d at 1108. It will not, however, accept legally 349 FEDERAL SUPPLEMENT, 2d SERIES conclusory assertions or draw “argumenta- tive inferences
Page: HOUSE_OVERSIGHT_017869 →Civil Procedure 12(b)(2), Plaintiffs must make a prima facie showing that personal jurisdiction exists over each moving Defendant. PDK Labs, Inc. v. Friedlander, 103 F.3d 1105, 1108 (Qd Cir.1997). The Court reviews the complaints and affidavits in a light most favorable to Plaintiffs, id., but it does not acc
Page: HOUSE_OVERSIGHT_017920 →rt looks to in federal question cases in which no federal statute provides for national service of process or when the Court is sitting in diversity. PDK Labs, 103 F.3d at 1108; Bank Brussels Lambert v. Fiddler Gonzalez & Rodriguez, 305 F.3d 120, 124 (2d Cir.2002). *557 New York’s long-arm statute, C.P.L.R.
Page: HOUSE_OVERSIGHT_017920 →rium) ("Prior to discovery, a plaintiff may defeat a motion to dismiss based on legally sufficient allegations of jurisdiction;") PDX Labs, Inc. v. Friedlander, 103 F.3d 1105, 1108 (2d Cir. 1997); Rubinbaum LLP v. Related corporate Partners V, L.P., 154 F. Supp. 2d 481, 486 (S.D.N.Y. 2001). The Court must
upp. 2d 481, 486 (S.D.N.Y. 2001). The Court must construe the pleadings and supporting affidavits in the light most favorable to the plaintiff. See PDK Labs, 103 F.3d at 1108. The plaintiff eventually will have to establish jurisdiction by a preponderance of the evidence, either at trial or at a pretri
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