Bush, Jr. v. Honda Development & Manufacturing of America, LLC

CourtDistrict Court, S.D. Ohio
DecidedJune 9, 2025
Docket2:24-cv-04114
StatusUnknown

This text of Bush, Jr. v. Honda Development & Manufacturing of America, LLC (Bush, Jr. v. Honda Development & Manufacturing of America, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bush, Jr. v. Honda Development & Manufacturing of America, LLC, (S.D. Ohio 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

JOHNNY M. BUSH, JR.,

Plaintiff,

Civil Action 2:24-cv-4114 v. Judge Douglas R. Cole Magistrate Judge Elizabeth P. Deavers

HONDA DEVELOPMENT & MANUFACTURING OF AMERICA,

Defendant.

OPINION AND ORDER This matter is before the Court for consideration of Defendant Honda Development & Manufacturing of America, LLC’s (“HDMA”) Motion to Transfer Venue (ECF No. 17.) Plaintiff Johnny M. Bush, Jr.’s opposition (ECF No. 25) and HDMA’s reply (ECF No. 28). Through its motion, HDMA seeks to transfer this putative class action raising claims under Title VII and 42 U.S.C. § 1981 to the United States District Court for the Northern District of Alabama, Eastern Division pursuant to 28 U.S.C. 1404(a). By Order dated May 6, 2025, the Court, noting the parties’ failure to meaningfully address the threshold question of whether venue was proper in that district under the special venue provision of Title VII, ordered simultaneous supplemental briefing. (ECF No. 29.) Both parties filed their supplemental briefs as ordered on May 20, 2025. (ECF Nos. 30, 31.) For the following reasons, HDMA’s Motion to Transfer Venue (ECF No. 17) is GRANTED. I. With one exception as noted,1 the following background allegations, relevant to the current Motion, are taken from Plaintiff’s Complaint. Plaintiff is an African American, current employee of HDMA. (Complaint, ECF No. 1 at ⁋ 1.) HDMA is a corporation doing business in the State of Alabama. (Id. at ⁋ 5.) Prior to April 1, 2021, the Honda facility in Lincoln, Alabama

was a separate independent entity incorporated as Honda Manufacturing of Alabama, LLC (“HMA”), and operated with its own organizational structure, policies, procedures, and employees. (Id. at ⁋ 8.) HMA initially hired the Plaintiff as an Associate Administrator in the Production Materials Control Department on April 29, 2002. (Id. at ⁋ 28.) On April 1, 2021, Honda merged all of its automobile manufacturing facilities in the United States related to frame, engine, transmission, and related engineering and purchasing operations into a single multi-state entity formed and known as HDMA. (Id. at ⁋ 9.) Nine separate manufacturing facilities were merged into HDMA as a single operation and corporate entity, including the Lincoln, Alabama plant where Plaintiff, an Alabama resident, has worked and currently performs his job duties.

(Id. at ⁋ 11; see also EEOC Charge Dated September 15, 2023, ECF No. 17-1, setting forth Plaintiff’s home address and address of his employer.) Plaintiff is part of HDMA’s centralized organizational structure with responsibility for supervising and managing various subordinate employees and supply chain operations for HDMA’s plants in Marysville and East Liberty, Ohio, Greensburg, Indiana, Lincoln, Alabama

1 In ruling on a motion to transfer venue under 28 U.S.C. § 1404(a), a court may consider affidavits and other documents offered by the parties, in addition to the allegations in the complaint, in addressing a motion to transfer. Bogard v. TikTok Inc., 725 F. Supp. 3d 897, 904 (S.D. Ind. 2024) (citing Simonian v. Monster Cable Prods., Inc., 821 F. Supp. 2d 996, 998 (N.D. Ill. 2010)). and the company’s Performance Manufacturing Center (“PMC”). (ECF No. 1 at ⁋ 14.) Plaintiff currently holds the position of Regional Packing Supplier Account Manager as Group Lead at Career Level 5 in HDMA’s Fleet Maintenance Unit, which is part of the Supply Chain Packaging Department. (Id. at ⁋ 29.) Within that position, his current title is Staff Administrator (“SA”). (Id. at ⁋ 15.) Unlike Plaintiff, all Caucasian and non-African American Group Leads in

the Packaging Fleet Maintenance Unit hold that same position as a Staff Engineer (“SE”). (Id.) The Staff Engineers are paid at a higher rate than Plaintiff as a Staff Administrator. (Id.) Both before and since the merger forming HDMA, Plaintiff has made known his interest in promotion opportunities. (ECF No. 1 at ⁋ 18.) He has been interested in and sought to be considered for assignment, promotion, transfer and training opportunities in positions as Unit Lead, Department Lead, Division Lead and/or other job opportunities at Career Levels 5 to 8. (Id. at ⁋ 19.) By way of example, Plaintiff sought to be considered for and promoted or transferred to Career Level 6 positions, including those given to the following Caucasian and non-African American peers:

• Richard Colmer’s promotion to the Unit Lead for the Delivery Department after HMAD’s formation and merger; • Daniel Pace’s promotion to Transportation Unit Lead as part of the Delivery Department on November 8, 2023; • Phil Eisner’s promotion or transfer to Unit Lead as part of the Planning Department after HMAD’s formation and merger; • Mark McKinley’s promotion to the Crisis Management Unit Lead position on November 8, 2023; • Eric Grieve’s promotion to the Unit Lead position on July 17, 2024.

(Id. at ⁋ 25.) Based on these and additional factual allegations, Plaintiff brings claims for disparate impact and disparate treatment, both on behalf of himself and a putative class which he defines as “exempt African American employees, associates and contractors who hold, perform or seek supervisory, managerial, administrative or other exempt positions, or who have held, performed or sought such exempt positions or duties during the applicable limitations period. (ECF No. 1 at ⁋ 53.) With respect to his disparate impact claim, Plaintiff alleges, inter alia, that HDMA’s promotion selection process prevents African Americans from learning about or competing for job opportunities before they are filled by Caucasians or other non-African Americans. (ECF

No. 1 at ⁋⁋ 58-62.) As for his disparate treatment claim, as it relates to Plaintiff individually, he asserts that he made known his interest in being considered for and promoted to positions filled by Caucasians or other non-African Americans, that he was qualified for those positions, and that he was not selected or promoted to such positions even though HDMA continued to seek candidates with his same or similar general qualifications. (Id. at ⁋⁋ 63-73.) II. The governing legal standards were more fully set out by the Court in its previous Order and that discussion is incorporated by reference here. To confirm, however, HDMA seeks the transfer of this case pursuant to 28 U.S.C. § 1404(a) which provides that, “[f]or the convenience

of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought[.]” 28 U.S.C. § 1404(a). . .)). “A case ‘might have been brought’ in a transferee court if (1) that court has subject matter jurisdiction over the action; (2) venue is proper there; and (3) the defendant is amenable to process issuing out of the transferee court.” Total Quality Logistics, LLC v. Medellin, 662 F. Supp. 3d 788, 791 (S.D. Ohio 2023) (Kay v. National City Mortg. Co., 494 F. Supp. 2d 845, 849 (S.D. Ohio 2007)).

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Bush, Jr. v. Honda Development & Manufacturing of America, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-jr-v-honda-development-manufacturing-of-america-llc-ohsd-2025.