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DiscoverOrg, LLC v. Timlin Enterprises, Inc.

United States District Court, W.D. Washington, Tacoma

July 3, 2018

DISCOVERORG, LLC, Plaintiff,
v.
TIMLIN ENTERPRISES, INC., Defendant.

          ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

          Ronald B. Leighton United States District Judge.

         THIS MATTER is before the Court on Defendant's Motion to Dismiss for Lack of Personal Jurisdiction [Dkt. #10]. The Court has reviewed the materials filed for and against this motion. Based on the following explanation, the Court GRANTS this motion.

         I. FACTS

         DiscoverOrg claims that Timlin, a Massachusetts corporation, transacts business in Washington and has committed tortious acts within this state, advertises its products and services within Washington and directs its products and services through the stream of commerce into Washington.

         Timlin's CEO sets the record straight:

“Timlin is a software development and information technology staffing company located at 255 Cedar Hill Street, Marlborough, Massachusetts and is a Massachusetts corporation. Its customers are mostly in New England. It has a few customers outside New England, including a few in New York and New Jersey. But as a relatively small company, Timlin focuses its advertising efforts on potential customers in New England.
Timlin does not conduct any business in Washington and derives no revenue from Washington.
Timlin has no offices or employees in Washington.
Timlin has no customers in Washington.
Timlin does not direct any advertising toward Washington.”

[Dkt. 11].

         The factual allegations that form the basis for DiscoverOrg's claim against Timlin occurred in Massachusetts, and involved Timlin and two Massachusetts-based DiscoverOrg customers of Turbonomic, Inc. and Dynatrace Software, Inc., which are located in Boston and Waltham, Massachusetts, respectively.

         A former Timlin employee previously worked for Dynatrace. DiscoverOrg alleges that this employee obtained a list of potential sales leads from Dynatrace that was generated from Dynatrace's access to DiscoverOrg's database, and used that list to market Timlin's services to potential customers.

         DiscoverOrg also contends that another list of sales leads was generated from Turbonomic's access to its database, and that ...


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