FireClean v Tuohy Opinion.pdf
Case 1:16-cv-00294-JCC-MSN Document 48 Filed 07/21/16 Page 1 of 30 PageID# 772
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ANDREW TUOHY, ET AL.,
Case No. 1:16-cv-0294
This online defamation lawsuit is before the Court on
Defendants’ motions to dismiss for lack of personal jurisdiction
and failure to state claims upon which relief can be granted.
For the following reasons, the Court will dismiss for lack of
Accordingly, the Court will not reach
Defendants’ arguments for dismissal on the merits.
Plaintiff FireClean, LLC (“Fireclean”) is a Virginia
limited liability company that manufactures gun oil.
Fireclean’s members are natural persons residing in Virginia.
Because the Court has not conducted an evidentiary
hearing, the facts are stated in the light most favorable to
Plaintiff and all factual disputes are resolved in Plaintiff’s
favor. See Grayson v. Anderson, 816 F.3d 262, 268 (4th Cir.
2016); Carefirst of Md., Inc. v. Carefirst Pregnancy Ctrs.,
Inc., 334 F.3d 390, 396 (4th Cir. 2003).