Emekekwue v. Offor

Bertram Emekekwue (plaintiff) was a secretary of the Obosi Community Association of New York Inc. (OCA). Following the death of his ex-wife, Vanessa Emekekwue, Bertram applied for financial benefits from the OCA. Chinwe Offor, a past president of the OCA, sent Bertram an email accusing Bertram of contributing to Vanessa’s death by terminating Vanessa’s medical insurance. Bertram filed suit against Offor, asserting a claim for defamation and other claims, in federal court. On December 7, 2011, Offor filed a motion to dismiss Bertram’s complaint, arguing that Bertram’s complaint should be dismissed under Federal Rule of Civil Procedure (FRCP) 12(b)(6) for failure to state a claim and FRCP 12(b)(2) for lack of personal jurisdiction. Bertram filed an amended complaint on December 16, and Offor filed an amended motion to dismiss on January 3, 2012. Offor’s amended motion to dismiss did not mention personal jurisdiction, solely discussing FRCP 12(b)(6). On May 15, the court granted Offor’s motion to dismiss as to all claims except Bertram’s defamation claim. On June 1, Offor filed an answer to Bertram’s amended complaint, asserting as an affirmative defense that the court lacked personal jurisdiction over Offor. On July 24, Offor moved for summary judgment, arguing only that the court lacked personal jurisdiction. At issue was whether Offor had waived her right to assert the court’s lack of personal jurisdiction by failing to include that argument in her amended motion to dismiss.