United States District Court, D. Massachusetts
ORDER ON MOTION TO DISMISS
SOROKIN, United States District Judge
have moved to dismiss this case for lack of personal
jurisdiction. Doc. 7. For the reasons that follow, the
Court ALLOWS IN PART and DENIES IN PART Defendants'
September 8, 2014, until March 31, 2015, Plaintiff John
Ferrara worked for Defendants Voyport II, LLC
(“Voyport”), a telecommunications company; its
parent company, Voyport Group Holdings, LLC
(“VGH”); and Voyport employees Allen Preece, Adam
Conyers, and Jay Rosenblatt. Doc. 1 at 7-11. Plaintiff worked
for Defendants pursuant to a contract executed in August
2014. Id. at 10. Plaintiff asserts the contract
illegally “misclassified him as an independent
contractor when he was in fact an employee.” Doc. 13 at
1. He alleges that, starting in November 2014, Defendants
“failed to pay [him] his monthly salary.” Doc. 1
further alleges that, in March 2015, after he complained to
Defendants about their failure to pay, they fired him in
retaliation under the pretext that he had been insubordinate.
Id. Plaintiff is suing all Defendants for (1)
violating the Massachusetts Wage Act, Mass. Gen. Laws ch.
149, § 148; (2) violating the Massachusetts Minimum Wage
Law, Mass. Gen. Laws ch. 151, § 1; (3) retaliating
against him in violation of Mass. Gen. Laws ch. 149, §
148A; (4) breach of contract; and (5) unjust
enrichment. Id. at 13.
RELEVANT JURISDICTIONAL FACTS
“employment relationship with Defendants” began
when Conyers “presented [him] with a contract, ”
which was addressed to Plaintiff at his home in Medford. Doc.
13-1 (Affidavit of John Ferrara) at 1. Conyers emailed
Plaintiff “multiple versions of the contract” and
“negotiated the terms of the contract” with
Plaintiff. Id. Plaintiff and Conyers then
“signed the final version of the contract.”
all relevant times, Plaintiff “resided and worked for
Voyport in Massachusetts[, ] and sent and received email and
telephone communications” in Massachusetts. Doc. 13-1
at 1. Plaintiff's title was Regional Sales Director of
New England. Id. Plaintiff's “work for
Defendants was focused on Voyport's Massachusetts
business.” Id. at 2. Plaintiff “was
given a list of Massachusetts leads to contact and worked
with clients and potential clients in Massachusetts.”
Id. Plaintiff “received and sent
communications regularly to the individual defendants in this
case relating to [their] work” together. Id.
Plaintiff sent invoices for his services to Conyers, from
Massachusetts. Id. “[W]hen Defendants did not
pay [Plaintiff] for [his] work, [he] communicated with
Conyers by both telephone and email to attempt to obtain
“also communicated with Defendant Allen Preece about
Defendants' failure to pay, ” and Preece
“communicated to [Plaintiff] about the possibility of
resolving [his] claim for unpaid wages.” Id.
“terminated [Plaintiff's] employment with
Defendants, by email dated March 27, 2015, which was sent to
[Plaintiff] while [he] was residing and working in
(1) is a Delaware corporation, with its principal place of
business in McLean, Virginia”; (2) “has no
offices, customers or employees in Massachusetts”; (3)
“is not registered to do business in
Massachusetts”; (4) “has never paid taxes in
Massachusetts”; and (5) did not send anyone to
Massachusetts to negotiate or sign the August 2014 contract.
Doc. 8 at 2; Doc. 9 at 2.
is a Delaware corporation that is merely a holding company,
not an “operating entity”; (2) “is not
registered to do business in Massachusetts”; (3)
“has never paid taxes in Massachusetts”; and (4)
has never had a contract with Plaintiff. Doc. 8 at 2; Doc. 9
at 2, 4.
(1) is Voyport's chairman and chief executive officer
(CEO); (2) is currently the sole employee of Voyport; (3) has
lived in Canada “since 1979, and at all times while
[he] was Chairman and CEO of Voyport”; (4) has
“never traveled to Massachusetts for business
reasons”; (5) has “never owned real or personal
property in Massachusetts”; (6) has “not traveled
to Massachusetts for any reason since the mid-1990s”;
(7) has “never paid taxes in Massachusetts”; and
(8) has “no professional licenses or registrations in
Massachusetts.” Doc. 8 at 1.
(1) was, at all relevant times, Voyport's chief financial
officer (CFO); (2) has lived in Canada “for the last 30
years, and at all times while [he] was CFO of Voyport”;
(3) has “not traveled to Massachusetts, for business or
for personal reasons[, ] in the past 10 years, and never
while the CFO of Voyport”; (4) has “never owned
real or personal property in Massachusetts”; (5) has
“never paid taxes ...