furtherance of the conspiracy within the forum, of which the out-of-state co-conspirator was or should have been aware. Id.
MSL has not alleged in its complaint substantial acts in Pennsylvania by anyone that furthered the conspiracy and certainly nothing of which the out-of-state individual defendants would have been a part. MSL has said in its memorandum, for example, that James White communicates with all ABA-accredited law schools, including those in Pennsylvania; selects site inspection team members that visit schools in Pennsylvania; and meets with LSAC/LSAS officials. MSL has not said how these acts furthered the conspiracy that injured MSL. MSL has also stated in its memorandum (not its complaint) that phone calls, letters, reports and meetings "must have been" held in Pennsylvania. Again, plaintiff has not shown how these acts, even if proved to be more than conjecture, are substantial acts that furthered the conspiracy which injured MSL.
To be sure, MSL has alleged that the effects of the conspiracy were felt nationwide and therefore by law schools in Pennsylvania, but this is not the same as alleging that substantial acts to further the conspiracy took place in Pennsylvania. Therefore, I find that the individual defendants are not subject to the exercise of personal jurisdiction in Pennsylvania on the basis of co-conspirator jurisdiction.
For the reasons stated above, I hold that there is no basis to support the exercise of general personal jurisdiction over 21 of the individual defendants. Similarly, I hold that those individual defendants do not have sufficient contacts with the forum -- either through their own acts or through co-conspirators' contacts -- giving rise to MSL's cause of action that would support the exercise of specific personal jurisdiction. Having decided the individual defendants' motion on the basis of personal jurisdiction, I make no decision on their venue arguments. Plaintiff's claims against the individual defendants must be dismissed for lack of personal jurisdiction. An appropriate order follows.
And now, this 11th day of March, 1994, the motion of defendants James P. White, Nina Appel, Jose R. Garcia-Pedrosa, Laura N. Gasaway, Frederick M. Hart, Rudolph C. Hasl, R.W. Nahstoll, Henry Ramsey, Jr., Norman Redlich, John E. Ryan, Gordon D. Schaber, Pauline Schneider, Steven R. Smith, Claude R. Sowle, Robert A. Stein, Rennard Strickland, Roy T. Stuckey, Leigh H. Taylor, Frank K. Walwer, Sharp Whitmore, and Peter A. Winograd to dismiss the claims against them for lack of personal jurisdiction is hereby GRANTED.
BY THE COURT:
J. William Ditter, Jr.