United States District Court, W.D. Washington, Tacoma
ORDER GRANTING DEFENDANT'S MOTION TO
B. Leighton United States District Judge.
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.
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.
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
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.
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
also contends that another list of sales leads was generated
from Turbonomic's access to its database, and that ...