OPINION & ORDER Before the Court is a motion by Defendants Brevet Holdings, LLC (“BH”), Brevet Capital Management, LLC (“BCM”), Brevet Short Duration Partners, LLC (“Partners”), Brevet Short Duration Holdings, LLC (“Holdings,” and together with Partners, the “Short Duration Companies”), Douglas Monticciolo (“Monticciolo”), and Mark Callahan (“Callahan”) to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(1), the complaint filed by Plaintiff Paul Iacovacci (“Iacovacci”). Defendant Johnny Lan (“Lan”) joins in the motion. For the reasons set forth below, the Court denies Defendants’ motion to dismiss.I. BACKGROUNDA. FactsThis case is the second of two related federal actions brought in front of this Court. Iacovacci’s first federal action alleged claims for breach of fiduciary duty, breach of contract, fraud, and other related torts against Iacovacci’s former employers and business partners. Iacovacci v. Monticciolo, No. 18 CIV. 7984 (JFK), 2019 WL 2074584, at *2 (S.D.N.Y. May 9, 2019). The Court dismissed that case on abstention grounds based on a parallel state court action. Id. at *7.This federal action arises out of the same events as Iacovacci’s first federal action and state court case but relates specifically to whether the Defendants unlawfully accessed a computer and two hard drives belonging to Iacovacci. The following facts are taken from Iacovacci’s complaint in this federal action.Iacovacci is a former Managing Director of BCM, a member of the Short Duration Companies, and a member of the board of directors of Holdings. (Compl. 8.) BH, BCM, and the Short Duration Companies are Delaware limited liability companies with their principal places of business in New York, New York. (Id.
9-12.) All of these companies are engaged in the business of providing investment management and advisory services. (Id. 13.) Despite being separate entities, BH, BCM, and the Short Duration Companies (collectively, “Brevet”) operate as a single enterprise under common control. (Id. 16.) Monticciolo and Callahan are residents of New York and New Jersey respectively. (Id.
