United States District Court, W.D. North Carolina, Charlotte Division
BRIGETTE KIZA, NYIRANGORORE MUKASINI, SOLANGE MUKEMANA, MARIE MUKARURANGWA, and U.G., a minor, Plaintiffs,
UNIVERSAL INSURANCE CO., ALL POINTE INSURANCE AGENCY, PAUL ROBERT HOPKINS, I-XX DOES, and AUTO CLUB COMPANY OF FLORIDA, Defendants.
MEMORANDUM AND RECOMMENDATION AND ORDER
S. CAYER United States Magistrate Judge
MATTER is before the Court on Defendant Universal
Insurance Company's “Motion to Dismiss”
(document #14), “Defendant Paul Robert Hopkins'
Motion to Dismiss for Lack of Personal Jurisdiction
…” (document #16), “Defendant Auto Club
Insurance Company of Florida's Motion to Dismiss for Lack
of Personal Jurisdiction …” (document #18), and
pro se Plaintiffs' “Motion[s] for Leave to
File Surrepl[ies]” (documents ##27 and 31), as well as
the parties' briefs and exhibits.
Motions have been referred to the undersigned Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1). The Court has
considered all of the parties' submissions. Accordingly,
Plaintiffs' “Motion[s] for Leave to File
Surrepl[ies]” (documents ##27 and 31) are
fully considered the arguments, the record, and the
applicable authority, the Court respectfully recommends that
Defendants' Motions to Dismiss be granted as
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
the factual allegations of the Complaint as true, this action
stems from an automobile collision that occurred on
Interstate 95 in Florida. A vehicle driven by Defendant
Hopkins struck the vehicle occupied by Plaintiffs. Complaint
¶ 13. The collision was “clearly caused by the
recklessness, carelessness and negligence of the defendant
Paul Hopkins.” (Complaint ¶ 14). “[A]ll of
the plaintiffs' losses are and will be due solely to and
by reason of the carelessness and negligence of the
defendant, Paul Robert Hopkins.” (Complaint ¶ 21).
time of the collision, Plaintiffs' vehicle was covered
under an insurance policy issued by Defendant Universal
Insurance Company. The policy provided liability coverage
only with minimum limits of $30, 000/$60, 000 and no physical
Auto Club Company of Florida is the insurer of Defendant
Hopkins' vehicle. Plaintiffs' claims against both
insurance policies were denied.
March 20, 2019, Plaintiffs filed their pro se
Complaint, alleging claims for breach of insurance contract,
violation of North Carolina's Unfair and Deceptive Trade
Practices Act, breach of the implied covenant of good faith
and fair dealing, racial and national origin discrimination
in violation of 28 U.S.C. §1981, negligent
misrepresentation, civil conspiracy, violations of the Fair
Debt Collection Practice Act, 15 U.S.C. §1692
(“FDCPA”), the Fair Credit Reporting Act, 15
U.S.C. § 1681 (“FCRA”), and punitive
Universal has moved to dismiss for failure to state a claim
upon which relief can be granted. Defendants Hopkins and Auto
Club Insurance Company of Florida have moved to dismiss for
lack of personal jurisdiction. Plaintiff has offered no
evidence concerning those Defendants' citizenship or
activities conducted in or directed at North Carolina.
parties' Motions are ripe for disposition.
Motions to Dismiss for Lack of Personal
evaluating a motion to dismiss for lack of personal
jurisdiction, all factual disputes must be resolved in favor
of the non-moving party. The non-moving party must make a
prima facie showing that the exercise of personal
jurisdiction is proper. See Combs v. Bakker, 886
F.2d 673, 676 (4th Cir. 1989); Vishay Intertechnology,
Inc. v. Delta International Corp., 696 F.2d 1062, 1064
(4th Cir. 1982); General Latex and Chemical Corp. v.
Phoenix Medical Technology, Inc., 765 F.Supp. 1246, 1248
(W.D. N.C. 1991). A plaintiff must prove facts sufficient ...