Gentry v. Kaltner

OPINION & ORDER   Plaintiff Jason Gentry (“Plaintiff”) brings this Action against George Kaltner (“Kaltner”), Complaint Dialer, Inc., d/b/a Avatar Outsourcing (“Avatar”), and Voiceless Technologies, Inc. (“Voiceless” or “Avatar Philippines”) (collectively, “Defendants”), alleging violations of 18 U.S.C. §§1962(c) and 1962(d) under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1961, et seq. (See Am. Compl. (Dkt. No. 32).) Plaintiff also alleges that Defendants committed the state tort of intentional infliction of emotional distress (“IIED”). (Id.) Before the Court is Defendants’ Motion To Dismiss the Amended Complaint (the “Motion”), pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. (Defs.’ Not. of Mot. (“Not. of Mot.”) (Dkt. No. 45).) For the reasons explained herein, Defendants’ Motion is denied without prejudice to renewal after jurisdictional discovery. I. Background A. Factual Background The following facts are drawn from Plaintiff’s Amended Complaint and are taken as true for the purposes of resolving the instant Motion. Avatar is a New York corporation located in Mount Vernon, New York. (Am. Compl. 5.) Voiceless is a subsidiary of Avatar and, according to the Amended Complaint, is the successor in interest to Avatar Philippines. (Id. 6.) Also according to the Amended Complaint, Voiceless was formerly known as Avatar Philippines, which is located in IloIlo City in the Philippines and is an affiliate of Avatar because it shares “commonality in ownership.” (Id.

6, 9, 14.) Avatar Philippines transacts business in New York State and IloIlo City. (Id. 6.) Kaltner is the sole officer and director of Avatar and Avatar Philippines, the sole owner of Avatar, and the “sole de facto owner” of Avatar Philippines. (Id. 7 (italics omitted).) Avatar operates a call center in Mount Vernon, New York that receives phone number databases and scripts from its clients and then outsources the work to Avatar Philippines, which uses Avatar’s “proprietary software” and has no clients other than Avatar. (Id.