United States District Court, D. Massachusetts
VLADIMIR CHEBOTNIKOV, EUGENE PANTYUKHIN, and YOUSEF SHARMA, on behalf of themselves and others similarly situated, Plaintiffs,
LIMOLINK, INC., Defendant
Vladimir Chebotnikov, Eugene Pantyukhin, Yousef Sharma,
Plaintiffs: Hillary A. Schwab, LEAD ATTORNEY, Fair Work,
P.C., Boston, MA; Edward L. Manchur, Knudsen, Burbridge &
Manchur, PC, Wakefield, MA.
LimoLink, Inc., Defendant, Counter Claimant: Robert P.
Sherman, LEAD ATTORNEY, Matthew J. Iverson, DLA Piper U.S.
LLP, Boston, MA; Miles D. Norton, DLA Piper U.S. LLP, New
Vladimir Chebotnikov, Counter Defendant: Hillary A. Schwab,
LEAD ATTORNEY, Fair Work, P.C., Boston, MA; Edward L.
Manchur, Knudsen, Burbridge & Manchur, PC, Wakefield, MA.
AND ORDER ON DEFENDANT'S MOTION TO DISMISS OR, IN THE
ALTERNATIVE, TO TRANSFER VENUE
Dennis Saylor IV, United States District Judge.
a putative class action under the Fair Labor Standards Act.
Plaintiffs Vladimir Chebotnikov, Eugene Pantyukhin, and
Yousef Sharma are limousine drivers employed by defendant
LimoLink, Inc. They have filed suit on behalf of themselves
and others similarly situated, alleging that LimoLink
violated federal and state law by failing to classify its
drivers as employees, failing to pay overtime, failing to pay
gratuities, and failing to reimburse drivers for expenses.
has moved to dismiss under Fed.R.Civ.P. 12(b)(6) based on a
provision in its service-provider agreement that it contends
mandates exclusive jurisdiction for any litigation in Iowa.
In the alternative, LimoLink has moved under 28 U.S.C. §
1404(a) to transfer venue to the United States District Court
for the Northern District of Iowa, again based on a provision
in the agreement.
following reasons, the motion to dismiss and the alternative
motion to transfer venue will be denied.
is an Iowa corporation. It brokers chauffeur services
provided by individuals that LimoLink classifies as
independent contractors. (Hupfeld Aff. Ex. A). Plaintiffs
allege that they have all worked under contract as service
providers for Limolink in Massachusetts. (Sec. Amend. Compl.
¶ 10; Hupfeld Aff. Ex. A, B, C).
the service-provider agreements is essentially identical.
Each agreement contains an arbitration clause and a
forum-selection clause. The relevant language states:
If a dispute arises under the terms of this Agreement, such
disputes shall be submitted to ...