Page:Soma v. SCB.pdf/3

 By mid-October 1993, Soma had approximately $250,000 in its account with SCB. As the district court found: "At some point during the next eight months, Defendant Leonard D. Fong created a fraudulent signature card for the account, and submitted the card to [SCB]. The fraudulent signature added Fong as a signatory, and authorized Fong to withdraw funds from the account without the signatures of either Leishman or Walker.

On May 13, 1994, Fong sent a letter to [SCB], demanding that Standard close Soma’s account and transfer all funds to Fong’s account in Las Vegas, Nevada. On November 14, 1994, Soma contacted [SCB] to inquire concerning the status of the account. Much to Soma’s surprise, [SCB] informed Soma that approximately $250,000 had been transferred to the Las Vegas, Nevada account of Leonard D. Fong–supposedly at Soma’s request."

Op. & Order at 2–3, Appellant’s App. Vol. I at 83–84.

Soma filed this diversity action against SCB in federal district court in Utah, alleging breach of contract, negligence, breach of implied covenant, and civil conspiracy, all arising out of SCB’s wrongful disbursement of funds to Fong upon Fong’s unauthorized signature. Soma alleges consequential damages of $11,000,000.

SCB filed a motion to dismiss, asserting that the district court lacked personal jurisdiction over SCB. The court granted Soma leave to engage in limited jurisdictional discovery, including permitting Soma to propound a set of interrogatories and request the production of documents. The court denied Soma’s motion to compel.