de Rojas v. Trans States Airlines, Inc.

204 F.R.D. 265, 2001 U.S. Dist. LEXIS 23860, 87 Fair Empl. Prac. Cas. (BNA) 1293, 2001 WL 1523832
CourtDistrict Court, D. New Jersey
DecidedNovember 19, 2001
DocketNo. Civ.A. 01-2160
StatusPublished
Cited by9 cases

This text of 204 F.R.D. 265 (de Rojas v. Trans States Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
de Rojas v. Trans States Airlines, Inc., 204 F.R.D. 265, 2001 U.S. Dist. LEXIS 23860, 87 Fair Empl. Prac. Cas. (BNA) 1293, 2001 WL 1523832 (D.N.J. 2001).

Opinion

MEMORANDUM OPINION

WOLIN, District Judge.

This matter comes before the Court on defendant’s motion to dismiss, or, in the alternative, to transfer venue. This motion is decided on the papers pursuant to Federal Rule of Civil Procedure 78. For the reasons discussed below, defendants’ motion to transfer venue is granted, and this case will be transferred to the Eastern District of Missouri.

BACKGROUND

Defendant Trans State Airlines is a Missouri corporation, with its principal place of business in St. Louis, Missouri. Defendant Hulas Kanodia is a resident of St. Louis, Missouri.1 Plaintiff is Cuban-American pi[267]*267lot. He was hired by defendant in July, 1999, and completed training at defendant’s facility in St. Louis, Missouri in August, 1999. Plaintiff was then assigned to JFK International Airport in New York. On January 13, 2000, plaintiff received a termination letter from Capt. Tim Hawkins. Capt. Hawkins is the chief pilot of Region 3, which encompasses the northeast United States. Plaintiff was able to negotiate an agreement with Capt. Hawkins which allowed him to resign in February, 2000.

At all times relevant to this litigation, plaintiff was a permanent resident of the state of New Jersey. New Jersey income tax was regularly deducted from plaintiffs paychecks.

In May, 2001, plaintiff filed this action alleging wrongful termination and constructive discharge on the basis of national origin and race in violation of Title VII. Plaintiff also asserted state law claims for defamation, intentional infliction of emotional distress, negligence, tortious interference with contractual relations, fraud and negligent misrepresentation.

In August, 2001 defendants filed this motion, seeking to have the case dismissed, or transferred, for lack of venue in the District of New Jersey.

DISCUSSION

Because a motion to dismiss for improper venue is not an attack on the jurisdiction of the court, but rather is “an affirmative dilatory defense” that questions only where the case should be tried, the “movant has the burden of proving the defense asserted by it.” Myers v. Amer. Dental Assoc., 695 F.2d 716, 724 (3d Cir.1982).

Generally, venue must be established for each cause of action. See Washington v. Gen. Elec. Corp., 686 F.Supp. 361, 362 (D.D.C.1988). In this case, if venue is established for the Title VII claim, which plaintiff admits is his primary claim, (see Plaintiffs Mem. of Law in Opposition to Defendants’ Motion to Dismiss, at 10), it is established for his other claims as well since Title VII’s venue requirement is stricter than that set forth in 28 § 1391(b).2 For this reason, the parties apparently agree that the venue provision of Title VII controls. Title VII claims may be brought:

in any judicial district in the state in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice....

42 U.S.C. § 2000e-5(f)(3). See also Equal Opportunity Comm’n v. Chas. Schaefer Sons, Inc., 703 F.Supp. 1138, 1146 (D.N.J.1988).

To determine if venue is proper in New Jersey, therefore, the Court must answer the following factual questions: 1) was the unlawful employment practice committed in New Jersey?; 2) are the plaintiffs employment records in New Jersey?; or 3) would plaintiff have worked in New Jersey but for the alleged discriminating conduct? If the answer to any of these questions is yes, then venue is proper. If, on the other hand, the answer to all three questions is no, the action must be dismissed or transferred.

A. The District in which the Alleged Unlawful Employment Practice was Committed

Plaintiff claims that he was wrongfully terminated on the basis of race and national origin. He asserts that venue is proper in New Jersey because the wrongful termination occurred in Region 3. It is true that plaintiffs termination letter came from the chief pilot of Region 3, but this is inadequate to establish venue in New Jersey. Region 3 is not synonymous with New Jersey; in fact, [268]*268it encompasses many eastern states. Plaintiff urges that Region 3 does not include Missouri, but this is of no moment. The alleged unlawful employment practice must have occurred in New Jersey to establish venue in New Jersey; it is insufficient that it did not occur elsewhere.

Plaintiff also states that “[i]t is quite apparent that the decision to terminate plaintiff was made in Region 3, by Capt. Tim Hawkins ----” (emphasis added) [Plaintiffs Mem. of Law in Opposition to Defendants’ Motion to Dismiss, at 9] First, it is not at all apparent where the decision to terminate plaintiff was made. Even if the Court assumes that the termination decision was indeed made by Capt. Hawkins (and this is doubtful since the termination letter carbon copies two senior flight operations personnel who were based in.St. Louis) there is no evidence that it was made in New Jersey, rather than any of the other states included in Region 3. Plaintiff himself admits that Capt. Hawkins was based in Georgia. Again, Region 3 and New Jersey are not one and the same.

Because there is no evidence that the wrongful employment practice was committed in New Jersey, plaintiff cannot establish venue in New Jersey under the first Title VII venue option.

B. The District in Which the Relevant Employment Records are Kept

Plaintiff asserts that “[p]laintiffs records are apparently kept in Region 3, which includes Newark, New Jersey, ie., Tim Hawkins Termination Letter.” As an initial matter, the Court notes again that Region 3 and New Jersey are not the same. Furthermore, the only support plaintiff cites for this proposition is that his termination letter was received from Capt. Hawkins of Region 3. This is clearly insufficient.

The evidence before the Court compels the conclusion that plaintiffs employment records are kept in St. Louis, where defendant is headquartered. According to the affidavit of Daniel E. Reed, defendant’s Vice President of Flight Operations, all of plaintiffs employment records are kept in St. Louis. The Court is confident about Mr. Reed’s knowledge of the records’ whereabouts. According to plaintiffs own exhibits, in fact, his payroll records are maintained and administered from St. Louis.

As a result, plaintiff cannot bring this lawsuit in New Jersey on this basis.

C. The District in which the Aggrieved Employee Would have Worked but for the Alleged Unlawful Employment Practice

Plaintiff states that he would have worked at Newark International Airport but for defendants’ unlawful termination.

Defendant contends that this is entirely speculative, as plaintiff was employed at JFK International Airport in New York before his termination, and would have continued to work out of JFK if he had not left defendants’ employ.

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204 F.R.D. 265, 2001 U.S. Dist. LEXIS 23860, 87 Fair Empl. Prac. Cas. (BNA) 1293, 2001 WL 1523832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-rojas-v-trans-states-airlines-inc-njd-2001.