United States District Court, D. Maryland, Southern Division
Cristian Sigala, Juan Jose Flores, Gabriel Wong, each on
behalf of himself and others similarly situated, Plaintiffs:
Alvaro Augusto Llosa, LEAD ATTORNEY, The Law Offices of
Roberto Allen LLC, Wheaton, MD; Roberto N Allen, Law Offices
of Roberto Allen LLC, Wheaton, MD.
of VA, Inc., William Antonio Chavez, Erica Alvarez,
Defendants: Jennifer Anukem, LEAD ATTORNEY, J. Anukem &
Associates LLC, Bethesda, MD; Sean R. Hanover, PRO HAC VICE,
HANOVER LAW, PC, Fairfax, VA.
J. HAZEL, United States District Judge.
case. Plaintiffs. Christian Sigaia. Juan Jose Flores, and
Gabriel Wong (collectively. " Plaintiffs" ), each
on behalf of
themselves and others similarly situated, bring a purported
collective action alleging violations of the Fair Labor
Standards Act (" FLSA" ), 29 U.S.C. § §
201 et seq., the Maryland Wage and Hour Law, Md.
Code Ann., Lab. & Empl. § § 3-401 et seq., and the
Maryland Wage Payment and Collection Law. Md. Code Ann., Lab.
& Empl. § § 3-501 et seq. Defendants. ABR
of VA, Inc. (" ABR" ). William Antonio Chavez, and
Erica Alvarez (collectively. " Defendants" ), have
moved to dismiss the Complaint for lack of personal
jurisdiction. ECF Nos. 6 & 10. The Court has reviewed the
record and deems a hearing unnecessary. See Local
Rule 105.6 (D.Md.). For the reasons that follow, the Court
will deny Defendants' Motions.
a Virginia corporation with its principal place of business
in Virginia, and whose principal business is the restoration
of water damaged buildings in Maryland. Virginia, and West
Virginia. ECF No. 1 at ¶ 4. Chavez and Alvarez are both
residents of Fairfax County. Virginia and throughout the
Plaintiffs' tenures of employment were owners, agents,
and / or principals of ABR. Id. at ¶ ¶
37-38, Chavez and Alvarez were both responsible for the
approval of ABR's payroll practices. Id.
and all similarly situated employees they seek to represent
are current and former employees of ABR who were employed
during the period of June 17, 2012 through June 17, 2015.
Id. at ¶ 9. Each named Plaintiff and all
potential opt-in plaintiffs, worked for Defendants for some
period of time in the state of Maryland as laborers restoring
water-damaged buildings. Id. at ¶ ¶ 11,
filed the present action on June 17, 2015. see ECF
No. 1. and summonses were returned executed for Chavez and
Alvarez on June 22, 2015. ECF Nos. 4 & 5. and for ABR on June
23, 2015. ECF No. 3. Alvarez, acting pro se, filed a Motion
to Dismiss for lack of personal jurisdiction on July 23,
2015, purportedly on behalf of all Defendants, ECF No. 6.
Defendants then filed a second motion on September 15, 2015,
this time represented by counsel, also arguing that the court
lacked personal jurisdiction over all
Defendants. ECF No. 10. Defendants contend that
Chavez and Alvarez have " no contacts with
Maryland." and rather that they are domiciled and work
in Virginia. ECF No. 6 at ¶ 23: ECF No. 10 at ¶ 23.
Defendants also contend that ABR " does not conduct
activities in Maryland." that it " does not have
agents that conduct activities in Maryland," and that
" on information and belief, [ABR] never accepted a
[Maryland] contract." ECF No. 10 at ¶ ¶ 27-28
& 34: see also ECF No. 6 at ¶ ¶ 28-29.
Plaintiffs, in response, appended affidavits of each named
Plaintiff to their memoranda in opposition to Defendants'
Motions to Dismiss, in which they averred that they each
worked on job sites for Defendants in various locations in
Maryland and that Defendants Chavez and Alvarez occasionally
came with them to job sites in Maryland. See ECF
Nos. 7-1, 7-2, 7-3, 12-1, 12-2 & 12-3. Plaintiffs also
included screenshots from ABR's website, which advertises
that ABR conducts restoration services in " Virginia,
[Washington,] DC, [and] Maryland." See ECF Nos.
7-4, 7-5, 12-4 & 12-5.