Case 2:05-cv-02257-KHV-JPO Document 10 Filed 09/26/05 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS

GRACELAND COLLEGE CENTER FOR )
PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
d/b/a SKILLPATH )
)
Plaintiff, ) Case No. 05-2257-KHV
)
v. )
)
MICHAEL F. PRICE, d/b/a )
BizSummits, SkillSummit, )
and VC South )
)
Defendant. )

MEMORANDUM IN SUPPORT OF PLAINTIFF’S UNOPPOSED MOTION FOR
LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY AND TO EXTEND THE
TIME TO RESPOND TO DEFENDANT’S MOTION TO DISMISS FOR LACK OF
PERSONAL JURISDICTION

In support of its Motion for Leave to Conduct Jurisdictional Discovery and to Extend the

Time to Respond to Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction

(“Plaintiff’s Motion”), Plaintiff Graceland College Center for Professional Development and

Lifelong Learning, Inc., d/b/a SkillPath (“SkillPath” or “Plaintiff”), by and through its attorneys,

hereby submits this Memorandum.

Because Defendant Michael Price’s (“Price” or Defendant”) has raised factual issues

related to his claim that this Court cannot exercise personal jurisdiction over him in his Motion to

Dismiss for Lack of Personal Jurisdiction (the “Motion”), SkillPath is entitled to conduct

jurisdictional discovery related to those factual issues. “‘When a defendant moves to dismiss for

lack of jurisdiction, either party should be allowed discovery on the factual issues raised by that

motion.’” Kansas Food Packers, Inc. v. Corpak Inc., 192 F.R.D. 707, 708 (D. Kan. 2000)

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(quoting Budde v. Ling-Temco-Vought, Inc., 511 F.2d 1033, 1035 (10th Cir. 1975). Price raises a

number of factual issues related in his Motion, accordingly, SkillPath is entitled to discovery

relevant to the jurisdictional issues raised in the Motion.

In particular, Price states in his Motion that “Defendant’s marketing efforts to drive

traffic to its website were limited to the state of Georgia, and more specifically, the metropolitan

Atlanta area.” Price’s website, however, shows that many of his seminars are offered in cities

other than Atlanta, namely, Houston, Chicago, Dallas, Detroit, Washington, and St. Louis. See

Ex. A. In addition, Price’s website allows for prospective seminar attendees and other customers

to obtain a user name and password in order to enter portions of Price’s website that are not

accessible to the public. See Ex. B. As Price has raised the interactivity of his website as an

issue in his Motion, SkillPath is entitled to discover what lies beyond the publicly accessible

areas of Price’s website to determine whether those non-public areas create a stronger level of

interactivity than Price’s Motion suggests. Further, Price states in his Motion that he “has not

traveled nor made phone calls to Kansas to market BizSummits.” Price does not, however,

indicate whether he has traveled to Kansas or made phone calls into Kansas for any other

purpose, including any other purpose related to BizSummits, SkillSummit, VC South, or any of

the other issues raised in the Complaint.

Because Price’s Motion raises numerous factual issues related to Price’s jurisdictional

claim, SkillPath is entitled to conduct discovery on jurisdictional issues. SkillPath currently

anticipates serving a request for production on Price and then taking a telephone deposition from

him. SkillPath intends to serve the request for production shortly after the granting of this

motion. It hopes to depose Price soon after it receives his production. Assuming Price timely

produces documents in thirty days as provided in Rule 34, Fed. R. Civ. P., and the deposition

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occurs soon thereafter, SkillPath believes it could file its response to Price's Motion fifty days

after the court granted it leave to conduct discovery and extends the time for SkillPath to respond

to Price's motion.

SkillPath’s counsel has contacted counsel for Price to request such an extension and to

conduct discovery, and counsel for Price stated that he will not oppose SkillPath’s Motion. The

deadline for responding to Price’s Motion is currently Monday, September 26, so the deadline

has not yet passed, and SkillPath has not previously sought any extension of the deadline to

respond to Price’s Motion.

For the reasons set forth in Plaintiff’s Motion and in this Memorandum, SkillPath is

entitled to conduct jurisdictional discovery related to the factual issues raised by Price’s Motion

to Dismiss, and requests that the time for responding to Price’s Motion be extended until fifty

days after the court grants this motion, and for such other and further relief as this Court deems

just and proper.

Dated: September 26, 2005 Respectfully submitted,

SONNENSCHEIN NATH & ROSENTHAL LLP

By: /s/ Robert Lesley
Robert O. Lesley KS #11545
Rebecca S. Stroder KS #20648
4520 Main Street, Suite 1100
Kansas City, Missouri 64111
Phone: (816) 460-2400
Fax: (816) 531-7545
rlesley@sonnenschein.com
rstroder@sonnenschein.com

Attorneys for Plaintiff Graceland College Center for
Professional Development and Lifelong Learning, Inc.,
d/b/a/ SkillPath, Inc.
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Case 2:05-cv-02257-KHV-JPO Document 10 Filed 09/26/05 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on September 26, 2005, I filed the foregoing document with the
Clerk of the Court, using the ECF system, which delivered copies via email to the following:

Jan P. Helder, Jr., Esq.
Helder Law Firm
2300 Main St., 9th Floor
Kansas City, MO 64108
jph@helderlaw.com

___/s Robert Lesley ____________
Attorney for Plaintiff

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