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Case: 1:22-cv-01284 Document #: 20 Filed: 06/21/22 Page 1 of 3 PageID #:140
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`KRISTEN DEYERLER, et al., individually and
`on behalf of all similarly situated individuals,
`
`Plaintiffs,
`
`v.
`
`HIREVUE, INC., a Delaware corporation,
`
`Defendant.
`
`
`
`Case No. 1:22-CV-01284
`
`Hon. Joan B. Gottschall
`
`Hon. Magistrate Judge Jeffrey Cole
`
`
`DEFENDANT HIREVUE, INC.’S OPPOSED MOTION TO
`DISMISS PLAINTIFFS’ FIRST AMENDED CLASS ACTION
`COMPLAINT PURSUANT TO RULES 12(b)(2) AND 12(b)(6)
`
`Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6), Defendant HireVue,
`
`
`
`Inc. (“HireVue”) respectfully moves to dismiss Plaintiffs’ First Amended Class Action
`
`Complaint (ECF No. 17), and in support thereof states the following:
`
`1.
`
`Plaintiffs’ First Amended Complaint (the “FAC”) should be dismissed for lack of
`
`personal jurisdiction under Rule 12(b)(2) because HireVue is not “at home” in Illinois, and
`
`Plaintiffs fail plausibly to plead facts to support specific personal jurisdiction.
`
`2.
`
`Even if personal jurisdiction existed, Plaintiffs’ claims under Illinois’s Biometric
`
`Information Privacy Act should be dismissed for failure to state a claim under Rule 12(b)(6).
`
`3.
`
`In further support of its Motion, HireVue incorporates its Memorandum of Law
`
`filed contemporaneously herewith.
`
`
`
`WHEREFORE, HireVue respectfully requests that the Court grant its Motion and enter
`
`an Order dismissing Plaintiffs’ FAC with prejudice and granting such other relief as the Court
`
`deems appropriate.
`
`
`
`
`

`

`Case: 1:22-cv-01284 Document #: 20 Filed: 06/21/22 Page 2 of 3 PageID #:141
`
`DATED: June 21, 2022
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Gerald L. Maatman, Jr.
`Gerald L. Maatman, Jr.
`(gmaatman@seyfarth.com)
`Tyler Z. Zmick
`(tzmick@seyfarth.com)
`SEYFARTH SHAW LLP
`233 South Wacker Drive
`Suite 8000
`Chicago, Illinois 60606
`Telephone: (312) 460-5000
`
`Attorneys for Defendant
`
`
`
`2
`
`

`

`Case: 1:22-cv-01284 Document #: 20 Filed: 06/21/22 Page 3 of 3 PageID #:142
`
`CERTIFICATE OF SERVICE
`
`I, Gerald L. Maatman, Jr., an attorney, certify that on June 21, 2022 I caused a true and
`
`correct copy of the foregoing document to be served upon all counsel of record for all parties that
`
`have appeared via the Court’s CM/ECF System.
`
`
`
`
`
`
`
`
`
`/s/ Gerald L. Maatman, Jr.
`Gerald L. Maatman, Jr.
`
`
`
`
`
`3
`
`

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