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COMES NOW Defendant, Ezekiel Loftin (Loftin), and files this his Reply to Plaintiffs'
In Plaintiffs' Response, the Plaintiffs rely upon a plethora of irrelevant facts and alleged
wrongdoing by Phoebe Lewis Loftin and/or Pont Neuf, Inc. which are wholly irrelevant to this
matter and which seek to distract the Court from the issue at hand.
This matter was filed by Plaintiffs on September 7, 2016, as a result of a single Facebook
post by Loftin on August 20, 2016. Despite the wealth of irrelevant facts which Plaintiffs
address in their Response, the Plaintiffs allegations against sole Defendant Loftin are for the
following: A) Count I, Libel; B) Count II, Intentional Infliction of Emotion Distress; C) Count
III, Negligent Infliction of Emotional Distress; D) Count IV, False Light; and, E) Count V,
Punitive Damages. These Counts arise from Loftins single Facebook post of August 20, 2016,
The Plaintiffs proceed to quote in their Complaint various statements made by Loftin in
the August 20, 2016 post which they contend are defamatory, including those set forth at
Paragraphs 24, 25, 26, 27, 28 and 29. It is significant to note that although such statements are
broken into various paragraphs and are contended to have been made continuously, the only
statements of alleged libel pled in the Plaintiffs Complaint are those which were included in
Loftins sole post of August 20, 2016, and removed shortly thereafter. (D.E.1, Complaint at
24, 25, 26, 27, 28 and 29). The Plaintiffs further acknowledge that the single post of August 20,
2016 was made upon the personal Facebook page of Defendant Loftin. (D.E.1, Complaint at
17).
Phoebe Lewis Loftin is Loftins wife and also the daughter of Plaintiff Jerry Lee Lewis;
although, Plaintiffs reference her in their Response as a co-conspirator. At one time Ms.
Loftin was her fathers manager and, accordingly, President of Pont Neuf, Inc. As is obvious
from the pleadings, Phoebe Lewis Loftin, Pont Neuf, Inc. and/or Phoebe A. Lewis, as President
of Pont Neuf, Inc. are not defendants to this matter. There are no allegations in the Plaintiffs
Complaint regarding corporate malfeasance, misappropriation of funds and/or fraud on the part
of Phoebe A. Lewis individually or as President of Pont Neuf, Inc. In fact, to attempt to establish
a claim for corporate malfeasance or to use the Pont Neuf, Inc. account in an attempt to establish
general jurisdiction and/or some bizarre theory of defamatory conduct on the part of Loftin is,
quite frankly, outrageous. Not to mention, Plaintiffs subpoenas requesting documents related to
Pont Neuf, Inc. were improper as the Pont Neuf, Inc. account has nothing to do with the current
lawsuit or Loftin. Accordingly, the records of Pont Neuf, Inc. and Phoebe A. Lewis are the
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subject of a Motion for Protective Order and Memorandum of Law in Support thereof filed with
Further, to the extent that Plaintiffs seek to assert a claim for corporate malfeasance
against Pont Neuf, Inc. and/or Phoebe A. Lewis personally and/or as President of Pont Neuf,
Inc., Plaintiffs allegations are arguably long barred by any applicable statute of limitations; must
be asserted against the proper parties in the proper forum; and, are wholly irrelevant to the matter
before this Court. Lastly, to the extent such claims are viable they would be governed by the
corporate documents relating to the operation of Pont Neuf, Inc., which have nothing whatsoever
For these reasons, this Court should not consider any of the documents attached to
Plaintiffs Response as Exhibits F, G, H and I, and disregard all of Plaintiffs allegations set forth
in their Response as they relate to Pont Neuf, Inc., Phoebe A. Lewis individually and/or as
President of that entity and any alleged wrongdoing on the part of either. By way of further
argument, Defendant adopts and incorporates by reference herein its Motion to Stay Discovery
and for Protective Order, Memorandum of Law in Support of Motion to Stay Discovery and for
Protective Order and Proposed Order Granting Defendants Motion to Stay Discovery and for
II. THIS COURT DOES NOT HAVE GENERAL JURISDICTION OVER LOFTIN
In their Complaint, Plaintiffs did not plead that this Court has general jurisdiction over
1
Interestingly, to the extent that at Page 2 Plaintiffs contend that Defendant and co-conspirators were engaged
in a massive and far-reaching scheme that defrauded Plaintiff Jerry Lee Lewis . . ., the Plaintiffs are
essentially alleging that Phoebe A. Lewis, as Plaintiff Jerry Lee Lewis daughter and manager for several years
defrauded her father of such funds. To the extent that Plaintiff Jerry Lee Lewis was unhappy with his
daughters management of Pont Neuf, Plaintiff Jerry Lee Lewis should have brought claims applicable during
the 2010-2012 time frame and named his own daughter specifically as a defendant. Plaintiffs attempts to
avoid identities and assert wrongdoing upon Loftin as a disliked son-in-law are disingenuous at best.
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10. Upon information and belief, this Court has specific personal jurisdiction
over Defendant based upon his tortious conduct in, and minimum contacts with
the State of Tennessee.
(D.E.1, Complaint at 10). Even if Plaintiffs had alleged general personal jurisdiction over
First, any funds spent by Pont Neuf, Inc., Phoebe A. Lewis individually and/or Phoebe A.
Lewis as President of Pont Neuf, Inc. have no bearing on this lawsuit whatsoever and are not
Second, to the extent that Plaintiffs allege that Loftin owns a historic home in Memphis,
Tennessee, no such proof of that ownership exists. The only evidence which Plaintiffs set forth
with regard to real estate interests of Loftin is property in Marshal County, Mississippi and
photographs of Loftins home in Lynchburg, Virginia. Further, no real estate holdings are
related to this suit; such holdings are unrelated to the state of Tennessee; and, the ownership of
real estate is not related in any way whatsoever to the alleged defamatory Social Media post.
Third, Plaintiffs contend that via a cease and desist letter written to Loftin, such a letter
would advise Loftin that he was subject to jurisdiction in this forum. Plaintiffs arguments are
both invalid and are not sufficient to confer personal jurisdiction in this forum. The fact that
specific personal jurisdiction. The referenced letter of August 18, 2015, which is in fact the only
letter sent to Loftin, does not state that suit will be filed in the Western District of Tennessee if
Loftin does not comply with counsels demands. Further, the retention of an attorney in any
specific state does not subject the Defendant to jurisdiction where that particular attorney is
located. Plaintiffs allegations that such a sole demand letter by a Millington attorney would
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confer jurisdiction over Loftin in the Western District of Tennessee is spurious. Accordingly, as
with Plaintiffs other exhibits and arguments, the letter of August 18, 2015 from Plaintiffs
counsel to Loftin should be disregarded as it relates to the issue of specific personal jurisdiction
Fourth, Plaintiffs apparently look to personal facts set forth in Zeke Loftins LinkedIn
page in, again, a desperate attempt to assert general jurisdiction over Loftin. To the extent that
Loftins LinkedIn page references the Greater Memphis Area, Loftin notes that he created a
webpage for Jerry Lee Lewis at some unidentified time; that he restored Plaintiff Jerry Lee
Lewis 59 Harley at some unidentified time and/or location; and, that Loftin is the son-in-law
of Plaintiff Jerry Lee Lewis. (Plaintiffs Response, Exhibit A). None of these facts are pertinent
to an assertion of general jurisdiction over Loftin and, certainly not one of specific personal
jurisdiction in this defamation case. Nor do these facts establish an agency relationship between
Further, as averred in the Plaintiffs Complaint, Plaintiff Jerry Lee Lewis residence is in
Mississippi and there is, therefore, no connection to this forum with regard to Loftins status as a
son-in-law, the restoration of a motorcycle apparently at Plaintiff Jerry Lee Lewis home or, the
creation of a website, an activity which could have occurred in any jurisdiction, including that of
Northern Mississippi where Jerry Lee Lewis resides. Even assuming that such activities may
tangentially be related to the Greater Memphis Area, none of these activities are related to this
defamation suit and could have taken place at any time over the past seven years. In fact, this
same Social Media biography notes that Loftin is the CEO of TwistedSouthEmporium and
references Lynchburg, Virginia as the entitys location. Thus, nothing in Loftins Social Media
LinkedIn biography connects him to this forum based on systematic contacts with this state or,
more specifically, with the alleged defamatory post which underlies this action.
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These same arguments are applicable to the biography of Loftin contained on the
merchandise via the internet, the posting of an item for sale on Etsy does not confer nationwide
general jurisdiction over a non-resident defendant. The Etsy biography is also irrelevant to this
suit as the purchase of an item through Etsy from TwistedSouthEmporium is not at issue in this
defamation case and cannot be considered for a finding of specific inpersonam jurisdiction over
jurisdiction by this forum over Loftin. In order to warrant the exercise of general jurisdiction
Gordan v. Greenview Hospital, Inc., 300 S.W. 365, 348 (Tenn. 2009), quoting 4 C. Wright & A.
Miller, Federal Practice and Procedure, 1067.5 at 507 (3d ed. 2002).
To the extent, if any, that Loftin has contacts with this forum, such contacts are
Patterson, It is the quality of the contacts, and not their number or status, that determines
whether they amount to purposeful availment, for purpose of the personal jurisdiction inquiry.
89 F.3d 1257, 1265 (6th Cir. 1996) (citations and quotations omitted). Quite simply, assisting his
father-in-law in restoring a motorcycle and creating a website do not create sufficient contacts
2
Attached hereto as Exhibit A is a copy of the TwistedSouthEmporium page on Etsy which more correctly
depicts the information contained in Plaintiffs Exhibit J. For some reason, Plaintiffs Exhibit does not reflect
that TwistedSouthEmporium is the Etsy page subscriber.
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For the reasons stated above, the only available route to assert inpersonam jurisdiction
over Loftin in this forum is, as pled by Plaintiffs, based upon the Social Media post which
underlies this action. In their Response, Plaintiffs attempt to rely upon other Social Media posts,
submitted with their Response as Exhibits B, C, E and K, to contend that Loftins Facebook page
was interactive.
Plaintiffs unsupported reliance upon other Social Media posts illustrates why a Social
Media post will not confer personal jurisdiction over a non-resident defendant. Problems with
1. It is difficult to determine from which Facebook page or Social Media site the
commentary contained in Exhibits B, C, E and K is taken;
3. The specific identity and location of the individuals posting on the unidentified
pages submitted with Exhibits B, C, E and K are unknown.
5. Much of the commentary submitted from the unidentified Facebook page is not
commentary made by Loftin; rather, much of the commentary contained within Exhibits
B, C, E and K appear to be from Plaintiff Jerry Lee Lewis own Fan Page, a page which
apparently Plaintiff Jerry Lee Lewis himself created;
8. To the extent that Loftin made any responses on an unidentified Facebook page,
such comments are not the subject of this suit;
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9. Highly emotional comments are not necessarily defamatory; in fact, Social Media
in and of itself is an outlet for highly emotional commentary.
Plaintiffs attempts to have this forum assert personal jurisdiction over Loftin based upon
various unidentified Social Media posts, fall squarely into the concerns specifically addressed by
this Court in Bailey v. Turbine Design, Inc., 86 F.Supp.2d 790 (W.D. Tenn. 2000) in which the
To find that personal jurisdiction exists on the facts in this case would be to
subscribe to the notion that anyone who posted information on the Internet is
subject to nationwide jurisdiction, a leap this court is not prepared to make. See
Barrett v. Catacombs Press, 44 F. Supp. 2d 717, 727 (E.D. Pa. 1999). Moreover,
the mere fact that the website contained defamatory information concerning the
plaintiff does not, absent some supporting evidence, mean that the defendant
possessed the intent to target residents of the forum state. See id. (holding that the
fact that defendants website included defamatory information regarding the
plaintiff and that such information was accessible worldwide does not mean that
defendant had the intent of targeting forum residents with such information); see
also Mallinckroat Med., Inc. v. Sonus Pharmaceuticals, Inc., 989 F. Supp. 265,
273 (D.D.C. 1998) (even if plaintiff suffered injury from alleged defamation in
the forum, personal jurisdiction was lacking without additional contacts).
Id. at 796.
The above statements of this Court warrant repeating as Plaintiffs proof falls squarely
into the quagmire which the Sixth Circuit and lower District Courts have addressed when the
issue of a Social Media post is alleged to confer personal jurisdiction over a non-resident
defendant. To find otherwise, any individual submitting a post on Social Media would
potentially be haled into Court in any state in this nation where such post is read, shared, liked or
forwarded.
Further, Plaintiffs argument that Social Media websites are interactive is incorrect.
The evidence relied upon by Plaintiffs are passive Social Media posts and do not reflect an
attempt by Loftin or others to engage in commercial activity in Tennessee or any other state via
the webpages contained in Exhibits B, C, E and K to Plaintiffs Response. The Court in Binion
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v. ONeal held that the ability to Like, Share, or Comment on a Social Media webpage is
not of a commercial nature and is not additional interactivity which will confer personal
jurisdiction. Binion v. ONeal, 95 F. Supp. 3d 1055, 1060 (E.D. Mich. 2015). 3 As previously
submitted to this Court, it has been held in the Sixth Circuit that a highly offensive post on Social
Media which may become accessible to users in foreign jurisdictions will not confer jurisdiction
over a non-resident as such websites are not owned or operated by the defendant, are minimally
interactive and are not intended to conduct business. Id. Quite simply, the fact that individuals
from unidentified locations may have commented on Loftins August 20, 2016 post simply does
not confer inpersonam jurisdiction over Loftin by this forum pursuant to clear and established
Sixth Circuit case law. To find otherwise, the assertion of jurisdiction would offend traditional
notions of fair play and substantial justice. CompuServe, Inc. v. Patterson, 89 F.3d 1257, 1262
IV. SUMMARY
Plaintiffs have not established by a preponderance of the evidence that this Court may
assert personal jurisdiction over non-resident Defendant Loftin. See Gordon, 300 S.W. 3d at 643.
Plaintiffs attempts to allege wrongdoing on the part of Phoebe Lewis Loftin and/or Pont Neuf,
Inc. are wholly irrelevant to this case and, if Defendant prevails, will be the subject of a
Protective Order. Nor does Loftins assistance to his allegedly famous father-in-law and/or his
alleged ties to Memphis based on such assistance create minimum contacts with the state of
Tennessee sufficient to assert personal jurisdiction over him in this defamation case.
The only alleged defamatory statements made by Loftin which are before this Court are
those contained in his August 20, 2016 post. Accordingly, any contacts with the state of
3
TwistedSouthEmporium does maintain a site on Etsy for sales purposes; however, the purchase of a
collectible from TwistedSouthEmporium is not at issue in this case; nor is TwistedSouthEmporium a defendant
to this action.
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Tennessee must in some way be connected to that post in order to assert jurisdiction over the
Virginia Defendant. The only evidence which Plaintiffs have submitted is evidence which the
Sixth Circuit has clearly held will not satisfy the constitutional parameters for the assertion of
personal jurisdiction over a non-resident defendant. It is clear in the Sixth Circuit that Social
Media posts, even if unidentified individuals comment, share, like or reply, do not establish a
purposeful availment by the Social Media user to any and every jurisdiction in which the post is
received or read. These dictates are well addressed in this Courts opinion in Bailey, supra. For
these reasons, and those set forth in Loftins Memorandum of Law in Support of Motion to
Dismiss filed with this Court on January 30, 2017, jurisdiction in this forum cannot be asserted
V. CONCLUSION
For the reasons set forth above, Defendant respectfully requests that his Motion to
Dismiss for Lack of Personal Jurisdiction filed pursuant to Rule 12(b)(2) of the Federal Rules of
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CERTIFICATE OF SERVICE
I hereby certify that I have forwarded a copy of the foregoing document by placing same
in the U.S. Mail, postage prepaid, on this the 22nd day of February, 2017 to:
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