A Situation for 'Jersey Shore' Star's Lawsuit
(CN) - Former "Jersey Shore" star Mike "The Situation" Sorrentino must head to New York to puruse a clothing company over promotional work, a federal judge ruled.
Sorrentino and his company, MPS Entertainment LLC, had sued Headrush Apparel in Miami for allegedly failing to pay the MTV reality star all the money they agreed on for promotional work.
MPS primarily operates in Miami. It markets and distributes goods endorsed by Sorrentino.
The federal complaint claimed that Headrush had orally agreed to pay Sorrentino $250,000 to promote its products during the sixth season of "Jersey Shore," but failed to fulfill its obligation and still owes him $6,250.
It also said Headrush orally promised to deliver a $100,000 motorcycle to Sorrentino at his New Jersey home, but that promise was also not fulfilled.
Finally, it claimed Headrush failed to pay the $130,000 owes to Sorrentino for appearing at Headrush sales booth at a convention in Las Vegas.
Sorrentino accused the apparel company of breach of contract, unfair competition, trademark infringement for unauthorized publication of name and likeness, and promissory estoppel.
Headrush moved to dismiss the case due to improper venue, lack of personal jurisdiction and insufficient process and service of process. It saidthat the case should be moved to the Northern District of New York, where its principle place of business is located.
Headrush's president, William Enny, filed a supplemetary declaration stating the company does not have any offices in Florida, does not employ anyone in Florida and has no bank accounts in that state. He also said Headrush does not even own property in Florida or solicit business there.
Sorrentino argued that Headrush does do business in Florida, pointing to its website as evidence it promotes products in the state, but U.S. District Judge Marcia Cooke disagreed.
Cooke hints that the ruling will not be ending in Sorrentino's favor from its very first line.
"In his First Amended Complaint, Plaintiff, Michael Sorrentino, alleges that he is a celebrity," the ruling states.
Cooke goes on to find that the website is not directed to Florida specifically and is accessible throughout the country, and to everyone with Internet.
"Since I find that Plaintiffs have not met their burden of making a prima facie showing that HAI is subject to either general or specific jurisdiction pursuant to Florida's long-arm statute, I do not need to address whether finding jurisdiction over HAI would be constitutional," Cooke wrote. "Accordingly, dismissal of the First Amended Complaint for lack of personal jurisdiction is appropriate."
Cooke ordered Sorrentino to refile the case in the proper forum and directed the clerk to close this case.