United States District Court, N.D. Illinois
ANGEL BAKOV and JULIE HERRERA, Individually and on Behalf of all others Similarly situated, Plaintiffs,
CONSOLIDATED TRAVEL HOLDINGS GROUP, INC., a Florida Corporation; CONSOLIDATED WORLD TRAVEL, INC, d/b/a HOLIDAY CRUISE LINE, a Florida Corporation; JAMES H. VERRILLO, an Individual; DANIEL E. LAMBERT, an Individual; JENNIFER POOLE, an Individual; and DONNA HIGGNS, an Individual, Defendants.
Bakov, Plaintiff, represented by Joseph J. Siprut, Siprut PC,
Richard Lane Miller, II, Siprut, PC, Robert R. Ahdoot, Ahdoot
& Wolfson, Pc, pro hac vice, Tina Wolfson, Ahdoot & Wolfson,
Pc, pro hac vice, John Shannon Marrese, Siprut PC, Ke Liu,
Siprut Pc, Kyle Alan Shamberg, Lite DePalma Greenberg, LLC,
Richard Steven Wilson, Siprut Pc & Jeffrey Grant Brown,
Jeffrey Grant Brown, P.C..
Herrera, Plaintiff, represented by Katrina Carroll, Lite
DePalma Greenberg LLC, Richard Lane Miller, II, Siprut, PC,
Robert R. Ahdoot, Ahdoot & Wolfson, Pc, pro hac vice, Tina
Wolfson, Ahdoot & Wolfson, Pc, pro hac vice, Kyle Alan
Shamberg, Lite DePalma Greenberg, LLC, Richard Steven Wilson,
Siprut Pc & Joseph J. Siprut, Siprut PC.
Consolidated World Travel, Defendant, represented by Jeffrey
Backman, Greenspoon Marder, P.A., pro hac vice, Richard W.
Epstein, Greenspoon Marder, P.A., pro hac vice & Timothy A.
Hudson, Tabet DiVito Rothstein.
Higgins, Defendant, represented by Timothy A. Hudson, Tabet
Consolidated Travel Holdings Group, Inc., Defendant,
represented by Timothy A. Hudson, Tabet DiVito Rothstein.
Verrillo, Defendant, represented by Timothy A. Hudson, Tabet
E Lambert, Defendant, represented by Timothy A. Hudson, Tabet
Jennifer Poole, Defendant, represented by Timothy A. Hudson,
Tabet DiVito Rothstein.
MEMORANDUM OPINION AND ORDER
D. LEINENWEBER, District Judge.
Angel Bakov ("Bakov") and Julie Herrera
("Herrera") (collectively, the
"Plaintiffs") filed separate class action
complaints seeking injunctive relief and damages against
Consolidated World Travel, Inc. d/b/a Holiday Cruise Line
("HCL") pursuant to the Telephone Consumer, Inc.
Act, 42 U.S.C.§ 227, et seq. (the "TCPA")
and seeking relief under the Illinois Automatic Telephone
Dialers Act, 815 ILCS305/1, et seq. (the
"ATDA"). The two cases were deemed related, and by
Order of the Court on September 17, 2015, a Consolidated
Complaint was filed, which named additional Defendants
Consolidated Travel Group Holdings ("CTH") and
James H. Verrillo, Donna Higgins, Daniel Lambert, and
Jennifer Poole (the "Individual Defendants"). The
Individual Defendants and CTH have moved to dismiss for lack
of jurisdiction pursuant to Rule 12(b)(2). All Defendants
have moved to dismiss for failure to state a claim pursuant
to Rule 12 (b)(6).
Individual Defendants' Jurisdiction Motion
the TCPA does not authorize nationwide service of process,
the court must look to Illinois law for the limitation on the
exercise of personal jurisdiction. Its "long arm"
statute (735 ILCS 5/2-209(C)) authorizes courts to exercise
jurisdiction to the fullest extent allowed by the Illinois
and federal constitutions. Hyatt International Corp. v.
Coco,302 F.3d 707. 713 (7th Cir. 2002). Jurisdiction
can be general or specific. General jurisdiction exists only
when a party's affiliation with a state is "constant
and pervasive" and there is jurisdiction even if the
specific action is unrelated to the contacts with the state.
Nicholson v. E-Telequote Insurance, Inc., 205 WL
5950659 (N.E. Ill., Oct. 13, 2015). Specific jurisdiction on
the other hand must arise out of or is related to a
defendant's contacts with the forum. Id.
Specific jurisdiction exists where a defendant has
purposefully directed its activities at the forum state or
purposefully availed itself of the privilege of conducting
business in that state and the alleged injury arises out of
the defendants' forum related activities. N. Grain
Marketing, LLC v. Greving,743 F.3d 487, 492 (7th Cir.
2015). A plaintiff bears the burden of establishing personal
jurisdiction when a defendant challenges it. Id. A
plaintiff, however, need only make out a prima facie
case to establish personal jurisdiction and ...