IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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GORDON ROY PARKER,

Plaintiff,

vs. 

LEARN THE SKILLS CORP., 

ET AL.

Defendants.

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Civil Action

Case No. 05-cv-2752

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DEFENDANT LEARN THE SKILLS CORP.’S

MEMORANDUM OF LAW

IN OPPOSITION TO THE PLAINTIFF’S

MOTION TO CONDUCT JURISDICTIONAL DISCOVERY

 

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Matthew S. Wolf, Esquire

241 Kings Highway East

Haddonfield, NJ 08033

(856) 795-6663

Attorney for defendant, Learn

the Skills Corp. 

December 16, 2005

Case 2:05-cv-02752-HB Document 33 Filed 12/16/05 Page 1 of 3
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ARGUMENT

Plaintiff Gordon Roy Parker has filed a Motion to Conduct Jurisdictional Discovery as to

defendants Ross, Geiger and my client, Learn the Skills Corp. The Court should deny the motion

for discovery. It is clear from the authority cited by the Plaintiff that he is not entitled to relief. 

Toys "R" Us, Inc. v. Step Two, S.A., 318 F.3d 446, 455 (3rd Cir.2003), clearly indicates

that: “. . . courts are to assist the plaintiff by allowing jurisdictional discovery unless the

plaintiff's claim is ‘clearly frivolous.’” 318 F.3d at 456 (citing Massachusetts School of Law at

Andover, Inc. v. American Bar Ass'n, 107 F.3d 1026, 1042 (3d Cir.1997)). In order to be entitled

to jurisdictional discovery, this Court would have to determine that the Plaintiff’s claims are not

“clearly frivolous”. The Court would then have to review the Amended Complaint filed by the

Plaintiff and glean a cause of action from it which could be sustained in the long term. This is an

impossible task. The Plaintiff’s claims make no sense whatsoever and consist only of

generalized reprinting of postings on the internet about the Plaintiff which he finds subjectively

offensive. None of the Plaintiff’s claims amount to good faith claims of a non-frivolous nature.

In fact, if the Court were to grant jurisdictional discovery, it might reward the Plaintiff

with exactly what he is seeking, which are the identities of people who he may then harass

without basis. Evidence of his intent to do this is two-fold. First, the nature of the lawsuits he

has maintained in this lawsuit and its previous iteration where he compiles massive pleadings

and sues people for the sake of damaging them. Second, the fact that he has sued the

undersigned for making one statement in legal papers for suggesting that the Plaintiff’s claims

are so frivolous that his claims should be dismissed as to every party. The Plaintiff has shown a

pattern and practice of frivolous lawsuits against people he can identify through the internet.

Unfortunately, despite the frequent motion filings by defendant Learn the Skills Corp. in

an effort to stop the Plaintiff, the Plaintiff has been permitted to continue to unlawfully dilute the

defendants (and counsel) of counsel fees, costs, business time and energy. This is to say nothing

of the judicial resources being wasted by the Court having to deal with the Plaintiff’s filings

Case 2:05-cv-02752-HB Document 33 Filed 12/16/05 Page 2 of 3
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while cases of substantial merit suffer from the distraction that the Plaintiff presents in his

frivolous filings.

How much leeway should the Court grant Mr. Parker? According to the Court in Toys

"R" Us, Inc., supra, he has already been given enough leeway. The Court in Toys "R" Us, Inc.

stated:

If a plaintiff presents factual allegations that suggest “with reasonable

particularity” the possible existence of the requisite “contacts between [the party]

and the forum state,” Mellon Bank (East) PSFS, Nat'l Ass'n v. Farino, 960 F.2d

1217, 1223 (3d Cir.1992), the plaintiff's right to conduct jurisdictional discovery

should be sustained. 318 F.3d at 456.

The Plaintiff has failed to present factual allegations with reasonable particularity to

suggest the possible existence of the requisite contacts between Learn the Skills Corp. and the

Commonwealth of Pennsylvania. As set forth in Learn the Skills Corp.’s motion to dismiss, the

only bases for jurisdiction suggested are threefold: receiving donations from internet users all

over the world, the “100 mile bulge”, and “Paypal.” See paragraph 13, page 4 of the Amended

Complaint. These three bases for jurisdiction do not suggest anything that merits further

discovery. Even if they were borne out to be true in discovery, those facts do not justify

jurisdiction of this Court for all of the reasons set forth in the Motion to Dismiss. 

There is nothing in the Plaintiff’s motion where he points to anything to suggest the

possible existence of the requisite contacts. Jurisdictional discovery would be an end in itself for

the Plaintiff since he could use that process for his ulterior motive, i.e., further frivolous litigation

for the sake of frivolous litigation. The Court should deny this motion.

Respectfully,

/s/ Matthew S. Wolf

Matthew S. Wolf 

cc: Learn the Skills Corp.

Mary Kay Brown, Esquire

Dennis G. Young, Jr., Esquire

Gordon Roy Parker, pro se

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