Emmett J. Stebbins v. Nationwide Mutual Insurance Company

757 F.2d 364, 244 U.S. App. D.C. 289, 1985 U.S. App. LEXIS 28462, 36 Empl. Prac. Dec. (CCH) 35,082, 37 Fair Empl. Prac. Cas. (BNA) 604
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 26, 1985
Docket83-2174
StatusPublished
Cited by41 cases

This text of 757 F.2d 364 (Emmett J. Stebbins v. Nationwide Mutual Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emmett J. Stebbins v. Nationwide Mutual Insurance Company, 757 F.2d 364, 244 U.S. App. D.C. 289, 1985 U.S. App. LEXIS 28462, 36 Empl. Prac. Dec. (CCH) 35,082, 37 Fair Empl. Prac. Cas. (BNA) 604 (D.C. Cir. 1985).

Opinions

Opinion PER CURIAM.

Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.

PER CURIAM:

Mr. Emmett J. Stebbins appeals from an order of the district court (Smith, J.) dismissing with prejudice his complaint against the Equal Employment Opportunity Commission (“EEOC”) and the Nationwide Mutual Insurance Company (“Nationwide”). Mr. Stebbins claims on appeal that the EEOC unlawfully denied his request for disclosure under the Freedom of Information Act and that Nationwide discriminated against him in its employment practices in violation of 42 U.S.C. § 2000e et seq. (1982) and of 42 U.S.C. § 1981 (1982). We affirm the district court’s dismissal of the action against the EEOC on the ground that Mr. Stebbins failed to exhaust his administrative remedies. We reverse the district court’s dismissal of the employment discrimination claims and remand those claims for further proceedings consistent with this opinion.

I.

The present case is Mr. Stebbins’ fifth suit against Nationwide alleging employment discrimination.1 Mr. Stebbins’ previous suits have all been unsuccessful, and in two cases circuit courts have observed that he appears to have made a profession out of suing insurance companies. Stebbins v. Nationwide Mutual Insurance Co., 528 F.2d 934, 935 n. 1 (4th Cir.1975); Stebbins v. Nationwide Mutual Insurance Co., 469 F.2d 268, 270 (4th Cir.1972). Mr. Stebbins has filed some twelve cases against various insurance companies since 1966 and is a “uniquely sophisticated litigant in Title VII matters.” 469 F.2d at 270. Although he seeks employment as a claims adjuster, Mr. Stebbins has been found to be “so lacking in elementary financial prudence, candor, stability, meaningful interest in the business world and definite career direction that no prudent insurance company could reasonably offer to employ him in a position of fiscal trust.” Stebbins v. Insurance Company of North America, 3 Empl. Prac.Dec. (CCH) ¶ 8168, at 6525, 6529 (D.D. C.1970).

On March 30, 1983, Mr. Stebbins commenced the instant litigation by filing a complaint against the EEOC and Nationwide. The complaint charges Nationwide with illegal employment discrimination against blacks and with illegal retaliation against Mr. Stebbins because of his previous suits against the company. Plaintiff [366]*366claimed to have sought employment with Nationwide on April 4, 1982, August 1, 1977, June 27, 1977, and May 16, 1977. Complaint at IV(d). On appeal, plaintiff suggests in addition that he had sought employment from Nationwide “throughout the United States in general, and the Tristate Region in particular (District of Columbia, Delaware, Maryland and the Commonwealth of Virginia).” Brief and Appendix for Appellant at 3-4.

On June 15, 1983, the EEOC moved for dismissal or, in the alternative, for summary judgment, on the ground that Mr. Stebbins was required to exhaust his administrative remedies before seeking judicial review. On June 17, 1983, Nationwide moved to dismiss on four grounds including that the alleged cause of action was barred by the doctrine of res judicata and that venue was improper in the District of Columbia. To support its motion on venue, Nationwide submitted evidence that it “did not have any office in the District of Columbia where claims adjusters, underwriters, claims representatives or supervisors were employed.” Nationwide conceded, however, that it does have agents who sell insurance in the District of Columbia as independent contractors. Nationwide insisted that Mr.. Stebbins’ allegations did not concern such agents.

On July 25,1983, the district court granted both motions to dismiss with prejudice. Judge Smith’s order stated in full:

Upon consideration of the motions to dismiss filed by defendants Equal Employment Opportunity Commission and Nationwide Mutual Insurance Company, and plaintiff’s failure to oppose those motions, the Court finds that plaintiff has failed to exhaust his administrative remedies as required before bringing suit against the Equal Employment Opportunity Commission. In addition, this Court is not the proper venue for plaintiff’s claim against Nationwide Mutual Insurance Company.

On August 2, 1983, Mr. Stebbins moved to alter or amend the district court’s order, and his motion specifically noted that venue was “proper for plaintiff's claims alleged under 42 USC 1981 and D.C. Human Rights Law.” On August 24, 1983, Nationwide moved for its attorney’s fees because of “the harassing and vexatious nature of plaintiff’s repeated suits and the extreme cost ... of defending each ... action[ ] up to the United States Supreme Court.” On September 8, 1983, the district court denied Mr. Stebbins’ motion to alter or amend its previous order. On November 3, 1983, Mr. Stebbins filed his notice of appeal to this court.

II.

We affirm the district court’s dismissal of the action against the EEOC because of Mr. Stebbins’ failure to exhaust his administrative remedies. Exhaustion of such remedies is required under the Freedom of Information Act before a party can seek judicial review. Hedley v. United States, 594 F.2d 1043, 1044 (5th Cir.1979). The action against Nationwide must be remanded, however, as to each of Mr. Stebbins’ three employment discrimination claims. We' are puzzled by the district court’s action in dismissing all of Mr. Stebbins’ claims with prejudice on the ground that venue was improper. Ordinarily, a dismissal on venue grounds is presumed not to be a final adjudication on the merits.2 Fed.R.Civ.P. 41(b).

We are also puzzled by the district court’s order because it does not address separately why venue is improper as to each of the three employment discrimination claims advanced by Mr. Stebbins. We recognize that venue may be improper as to the Title VII claim for reasons similar to those discussed in our prior decision in [367]*367Stebbins v. State Farm Mutual Automobile Insurance Co., 413 F.2d 1100 (D.C.Cir. 1969). However, that ease concerned only a Title VII claim and here we have claims brought under 42 U.S.C. § 1981 and the D.C. Human Rights law as well. Accordingly, venue may be improper as to the Title VII claim but appropriate for the claim brought under section 1981. Alternatively, the Title VII venue provision may be controlling for the entire lawsuit pursuant to the legal principle announced in Hayes v. RCA Service Co., 546 F.Supp. 661 (D.D.C. 1982). In that event, all three of the anti-discrimination claims might have to be transferred to the proper Title VII venue.

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757 F.2d 364, 244 U.S. App. D.C. 289, 1985 U.S. App. LEXIS 28462, 36 Empl. Prac. Dec. (CCH) 35,082, 37 Fair Empl. Prac. Cas. (BNA) 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmett-j-stebbins-v-nationwide-mutual-insurance-company-cadc-1985.