FRANCISCO FABARA, Plaintiff, vs. GOFIT, LLC, Defendant., 308 F.R.D. 380

Summary

HOLDINGS: [1]-In a personal injury suit for injuries from the explosion of an exercise ball, the manufacturer's motion to dismiss was timely because it denied the plaintiff's allegation that the court had personal jurisdiction in its answer, and it filed a motion to dismiss less than three months after filing its answer; [2]-The court did not have general personal jurisdiction over the manufacturer because its contacts with New Mexico were not so continuous and systematic that it was essentially at home in the state, particularly as it did not have its principal place of business there and had relatively few internet and in-state sales; [3]-The court did not have specific personal jurisdiction over the manufacturer under New Mexico's long-arm jurisdiction statute, N.M. Stat. Ann. § 38-1-16, because the claims did not arise out of the manufacturer's contacts with the state.