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Storms v. Haugland Energy Grp., LLC

United States District Court for the Southern District of Florida

August 17, 2018, Decided; August 17, 2018, Filed

18-CV-80334-BLOOM/REINHART

Opinion

REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS COMPLAINT [DE 7]

This matter is before the Court on a referral from the presiding District Judge. DE 18. Defendant moves pursuant to Federal Rule of Civil Procedure 12(b)(2) to dismiss the Complaint for lack of personal jurisdiction. Alternatively, Defendant moves to dismiss for improper venue and for failure to state a claim on which relief can be granted. For the reasons stated below, the undersigned RECOMMENDS that the District Court GRANT the Motion to Dismiss without prejudice to filing an Amended Complaint.

FACTS

The following constitute the material facts alleged in the Complaint.1 All paragraph citations (noted as "¶" or "¶¶") are references to the numbered paragraphs in the Complaint.

Plaintiff resides in Boynton Beach, Florida. ¶7. In October 2017, Plaintiff saw an advertisement from the Defendant in Florida seeking skilled workers to restore power lines in the Virgin Islands. ¶14. Plaintiff [*2]  inquired about a position and was hired on October 26, 2017. ¶15. That same week, Defendant transported Plaintiff to the Virgin Islands to begin working. ¶¶16-17. Plaintiff worked in the Virgin Islands from on or about October 26, 2017, through November 15, 2017. ¶¶17-20. On November 15, 2017, Plaintiff made a statement to Defendant's payroll secretary complaining that Defendant had not properly paid overtime to a fellow employee. ¶22 Later that night, Homeland Security came to Plaintiff's room and stated that the payroll secretary reported that Plaintiff threatened to shoot her if she messed up the paychecks again. ¶24 Homeland Security escorted Plaintiff to a secured area. ¶27 Defendant fired Plaintiff and sent him home to Florida. ¶28

LEGAL CLAIMS

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2018 U.S. Dist. LEXIS 141122 *

RICHARD STORMS, Plaintiff, v. HAUGLAND ENERGY GROUP, LLC, Defendant.

Subsequent History: Adopted by, Dismissed by, Without prejudice Storms v. Haugland Energy Grp. LLC, 2018 U.S. Dist. LEXIS 156503 (S.D. Fla., Sept. 4, 2018)

CORE TERMS

personal jurisdiction, general jurisdiction, allegations, principal place of business, long-arm, courts, motion to dismiss, cause of action, transaction of business, prima facie case, threshold, fails, registered agent, forum state, advertised, carrying, contacts, invoke, foreign corporation, principal's office, resident, hired, light most favorable, annual report, nerve center, affiliations, isolated