Decusati v. Reiss Engineering, Inc.

Filing 7

OPINION. Signed by District Judge John A. Gibney, Jr. on 07/30/2015. (walk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

ROBERT DECUSATI,

Plaintiff,
V.

Civil Case No. 3:15-cv-204-JAG

REISS ENGINEERING, INC.
Defendant.
OPINION

Robert DeCusati, a resident of Virginia, applied for a position as CFO at Reiss

Engineering, Inc. ("REI"), a Florida corporation with its principal place of business in Florida.
After an interview in Florida and other contact through telephone and email, REI offered
DeCusati the position. Before he began work, however, REI rescinded the offer, blaming an
unsatisfactory credit check.

DeCusati filed this action against REI for violations of the Fair Credit Reporting Act
("FCRA"), 15 U.S.C. § 1681, e/ seq., and Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201,

et seq. Specifically, DeCusati alleges REI did not provide DeCusati with the required FCRA

notices at his Virginia residence before the rescission and that REI owes him compensation for
work he undertook for the company before REI took back its offer. REI filed this motion to

dismiss under 12(b)(2) and 12(b)(3) for lack of personaljurisdiction and improper venue.
Because REI lacks the necessary contacts with Virginia, the Court finds personal
jurisdiction lacking. Accordingly, the Court does not examine venue and dismisses the action.