Replies to post #74374 on Plastic2Oil Inc (PTOI)

[scion]

The minimum contacts analysis requires a review of any contacts by Mr. Bordynuik with the state of Florida. See Consolidated Energy, Inc. v. Strumor, 920 So. 2d 829, 832 (Fla. 4th DCA 2006). A review of the Complaint establishes that Plaintiff has alleged no facts to establish any contacts between Mr. Bordynuik and Florida.

The Complaint clearly states that Mr. Bordynuik is a resident of Ontario, Canada and that he is the CEO and President of JBI, a Nevada corporation with a principal place of business in Cambridge, Massachusetts.3 (Complaint, irs 3,4) However, the Plaintiffs Complaint contains no allegation of acts committed by Mr. Bordynuik in Florida. Further, the Plaintiff has not alleged the existence of activities or conduct that Mr. Bordynuik purposefully directed to the state of Florida. Given the absence of such allegations, the Plaintiff has failed to establish that Mr. Bordynuik has purposefully availed himself of the jurisdiction of the courts of Florida or that Mr. Bordynuik should reasonably have anticipated being hailed into court in Florida. Therefore, the Plaintiff has failed to meet its burden that Mr. Bordynuik maintains sufficient minimum contacts with the state of Florida.

Doc 10 PDF file, p5
http://viewer.zoho.com/docs/gccRod

Florida Limited Liability Company

PAK-IT, LLC

Title MGR
BORDYNUIK, JOHN
311 PARK PLACE, #190
CLEARWATER FL 33759

http://tinyurl.com/2feqqe4

Domain Name: HEATHERBORDYNUIK.COM

Registrant:
John Bordynuik
1901 60th Place
Suite L9181
Bradenton, Florida 34203
United States

Domain Name: HEATHERBORDYNUIK.COM

Created on: 09-Dec-04
Expires on: 09-Dec-18
Last Updated on: 10-Dec-08

Administrative Contact:
Bordynuik, John
1901 60th Place
Suite L9181
Bradenton, Florida 34203
United States
7163046711 Fax -- 7163041904

Technical Contact:
Bordynuik, John
1901 60th Place
Suite L9181
Bradenton, Florida 34203
United States
7163046711 Fax -- 7163041904

Domain servers in listed order:
NS05.DOMAINCONTROL.COM
NS06.DOMAINCONTROL.COM

http://whois.domaintools.com/heatherbordynuik.com

[jjsmith]

JB is trying to say; that his personal liability should be dismissed because he does not have sufficient personal contacts in the state of Florida. Interesting, because of the Al Sousa connection.

and that there is an insufficient statement of claim for counts II and III, wich would leave it as a straightforward "I want more severance" case. I don't think that will fly...

methinks this is a stalling tactic and the case will stand, but he may be right about personal jurisdiction. The personal liability of the CEO is the biggest threat to jBI and JB personally here...

This doesn't help either. I wonder if Bordynuik forgot to tell his lawyer that Pak-it IS a Florida Corporation and than John himself is listed as the Manager of this Florida Corporation and the address for the Manager is listed as a Florida address.

Why does the employment agreement use the laws of the People Republic of China to define what a felony is? Sounds weird.

Florida Limited Liability Company
PAK-IT, LLC
Filing Information
Document Number L07000058980
FEI/EIN Number 260270280
Date Filed 06/04/2007
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 07/30/2007
Event Effective Date NONE

Principal Address
311 PARK PLACE
#190
CLEARWATER FL 33759
Changed 02/22/2010
Mailing Address
311 PARK PLACE
#190
CLEARWATER FL 33759
Changed 02/22/2010
Registered Agent Name & Address
RAYMOND, J P
620 COURT STREET
CLEARWATER FL 33756 US
Name Changed: 02/22/2010
Address Changed: 02/22/2010
Manager/Member Detail
Name & Address
Title MGR
BORDYNUIK, JOHN
311 PARK PLACE, #190
CLEARWATER FL 33759
Title VP
KURP, RON
311 PARK PLACE, #190
CLEARWATER FL 3359
Annual Reports
Report Year Filed Date
2008 04/24/2008
2009 04/28/2009
2010 02/22/2010

[Johnik]

and that there is an insufficient statement of claim for counts II and III, wich would leave it as a straightforward "I want more severance" case. I don't think that will fly... i don't think that evidence is neceesary in the Statement of Claim.

methinks this is a stalling tactic and the case will stand, but he may be right about personal jurisdiction. The personal liability of the CEO is the biggest threat to jBI and JB personally here...

Well, I do think a much better case could have been made for dismissal of count III (misrepresentation). The "state a claim" argument related back to the jurisdiction argument, rather than pick apart the facts alleged. A stalling tactic though? I definitely don't see that. Defenses should be raised at the outset of the litigation, and it is understandable to try to reduce this case to what really seems to be at issue--that is, an alleged breach of an employment contract.