As stated, Mr. Bordynuik wrote another email to Plaintiff where he stated that “I know you are moving to Florida but JBI Admin and Executive are being scattered all over North America. I don?t believe we need a centralized office other than Accounting Controls (limited to compliance and reporting only -- Florida).” (Ex. "A" ¶ 7). Mr. Bordynuik went on to state that Linda Burr “can support you in FL.” (Id.). Clearly, Mr. Bordynuik was aware that Mr. Kaplanis is working for him out of Florida, he wants him to work there, and knows Mr. Kaplanis is moving there at Mr. Bordynuik’s direction to complete the goals of the company due to Mr. Bordynuik?s negligent misrepresentations about the work.
Further, Mr. Bordynuik has sent hundreds of emails directed to the Plaintiff and to the Florida based Plastic2Oil Consulting Team regarding work for a global launch of the Plastic2Oil concept. (Ex. "A" ¶ 8). Mr. Bordynuik induced Plaintiff to work for JBI in Florida based on representations that Plaintiff would be working closely with JBI's "Florida Team," which consisted primarily of Florida-based consultants. (Id. at ¶ 9). Separately, JBI entered into an Area Development Agreement with AS PTO, LLC with the purpose of establishing forty-five Plastic2Oil sites to be located within Florida. (Id. at ¶ 10). The signed letter of intent of the establishment of the Area Development Agreement was announced by the company on December 22, 2010, and the contact person on the press release is John Bordynuik. (Id.). The company stated that “Mr. Sousa?s company will begin to quickly cultivate supply chains and sites for installation of P2O sites throughout Florida concentrating first on large metropolitan areas and expanding outwards.” (Id.). Clearly, Mr. Bordynuik initiated a global launch of his flagship business venture known as Plastic2Oil from Florida. (Id.). In a press release, the company said that it is “pleased to announce that on February 12, 2010, JBI consummated an Area Development Agreement (ADA for 45 P2O sites in the State of Florida with a newly formed entity (AS PTO, LLC) controlled by Al Sousa of Largo, Florida.” (Id.). Mr. Bordynuik signed this agreement (Id.).
This evidence further establishes contacts sufficient for this Court to exercise personal jurisdiction over Mr. Bordynuik pursuant to Section 48.193(1)(b) and 1(f)(1). This evidence corroborates that Mr. Bordynuik fraudulently induced Plaintiff to work for the company pursuant to sub-section 1(b), and also engaged in the business of soliciting Plaintiff pursuant to sub-section 1(f)(1).
c. Mr. Bordynuik's Other Extensive Contacts With Florida
When assessing personal jurisdiction over a nonresident corporate officer, Florida courts do not totally ignore acts that the defendant may have undertaken in his or her corporate capacity. See e.g., Mehlenbacher v. Jitaru, 6:04-c-1118-ORL-22KRS (M.D. Fla. June 6, 2005). In Mehlenbacher, a shareholder of a publicly-traded company brought a derivative suit against one of the company's nonresident officers personally in a Florida court. Id. at *3. In exercising personal jurisdiction pursuant to the Florida Long-Arm Statute, the Middle District noted that the nonresident officer was "no ordinary (alleged) third party tortfeasor." Id. at *14. "He is a corporate director and audit-committee member of a Florida-based company." Id. The Court went onto note that because of these positions the officer could not claim surprise at being hauled into a Florida court. Id. See also, West Coast Life Ins. Co. v. Ruth Secaul 2007-1 Ins. Trust, Case No. 09-81049-CIV (S.D. Fla., Jan. 5, 2010) (holding that “individual officers and agents of a corporation may be held personally liable for their tortious acts, even if such acts were committed within the scope of their employment or as corporate officers” when they are acting as the alter-ego of the corporation).
Likewise, Mr. Bordynuik is no ordinary third party. Mr. Bordynuik's co-Defendant, JBI, does not contest that this Court can exercise personal jurisdiction over it. According to the company?s 10-K/A filed with the SEC on July 9, 2010, JBI, Inc. was originally incorporated on April 20, 2006 in the State of Nevada as 310 Holdings Inc. (“310”), and 310 had no significant activity from inception through March 2009 except for a planned merger with G&G Mining Corp., a Florida Corporation, which was never completed. (Ex. “A” ¶ 11). In April 2009, John Bordynuik purchased 63% of the issued and outstanding shares of 310, and was subsequently appointed President and CEO of the Company. (Id.). During June, 2009, the Company purchased certain assets of John Bordynuik, Inc., a Delaware corporation. (Id.). JBI, Inc. is the successor to “John Bordynuik, Inc.” (Id.). In a sense, therefore, JBI is the alter-ego for Mr. Bordynuik himself, and if this Court has personal jurisdiction over "JBI," it is not much of stretch, even setting aside all other evidence presented to demonstrate personal jurisdiction, to assert that this Court also has personal jurisdiction over its controlling shareholder, chairman, director, executive and namesake. See e.g., West Coast Life Ins. Co., at *7 (indicating that alter-ego theory may be another exception to corporate shield doctrine).
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