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Fuqua v. SVOX AG

United States Court of Appeals, Seventh Circuit

May 16, 2014

KURT FUQUA, Plaintiff-Appellant,
v.
SVOX AG, SVOX USA, INC., NUANCE COMMUNICATIONS, INC., VOLKER JANTZEN, EUGEN STERMETZ, MARTIN REBER, ERIC LEHMANN, AND THOMAS SOSEMAN, Defendants-Appellees

Argued: January 21, 2014.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:11-cv-05376 -- Ronald A. Guzmá n, Judge.

For KURT FUQUA, Plaintiff - Appellant: John T. Moran, Jr., Attorney, MORAN LAW GROUP, Chicago, IL.

For SVOX USA, INCORPORATED, SVOX AG, NUANCE COMMUNICATIONS, INCORPORATED, Defendants - Appellees: John A. Ybarra, Attorney, LITTLER MENDELSON, Chicago, IL.

For THOMAS SOSEMAN, Defendant - Appellee: Daniel Konicek, Attorney, Michael J. Corsi, Attorney, KONICEK & DILLON, P.C., Geneva, IL.

Before KANNE and SYKES, Circuit Judges, and GILBERT, District Judge.[*]

OPINION

Page 398

Kanne, Circuit Judge.

Kurt Fuqua sued his former employer alleging retaliation for whistleblowing regarding " covered funds" in violation of the American Reinvestment and Recovery Act of 2009. Fuqua also asserted a claim under state law. The district court granted the defendants' 12(b)(6) motion to dismiss for failure to state a federal claim and declined to exercise supplemental jurisdiction

Page 399

over the state claims. For the following reasons, we affirm.

I. Background

Defendant SVOX USA, Inc. is a wholly owned subsidiary of SVOX AG, a Swiss company (collectively " SVOX" ). Both companies were acquired by defendant Nuance Communications, Inc. (" Nuance" ) after Fuqua's termination.

Fuqua is a computational linguist who was hired by SVOX on January 28, 2009 to help market linguistic products. Soon thereafter, SVOX asked Fuqua to travel to Zurich, Switzerland to work on a short term project. As part of the agreement to travel to Zurich, SVOX agreed to pay for Fuqua's monthly transit passes in the city. The cost of these monthly passes ...


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