LeBlanc v. C.R. England, Inc.

961 F. Supp. 2d 819, 2013 WL 4463366, 2013 U.S. Dist. LEXIS 121031
CourtDistrict Court, N.D. Texas
DecidedAugust 13, 2013
DocketCivil Action No. 3:13-CV-282-B
StatusPublished
Cited by28 cases

This text of 961 F. Supp. 2d 819 (LeBlanc v. C.R. England, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LeBlanc v. C.R. England, Inc., 961 F. Supp. 2d 819, 2013 WL 4463366, 2013 U.S. Dist. LEXIS 121031 (N.D. Tex. 2013).

Opinion

ORDER GRANTING MOTION TO TRANSFER

JANE J. BOYLE, District Judge.

Plaintiff Taynereon LeBlanc (“LeBlanc”) filed this Title VII action against her former employer Defendant C.R. England, Inc. (“England”) and supervisor Defendant Jeffrey Price (“Price”) alleging sexual harassment and assault during her employment at England’s trucking company. England denies the allegations and moves the Court to dismiss the case pursuant to Federal Rule of Civil Procedure 12(b)(3) or to transfer it under 28 U.S.C. § 1404(a) based on a forum selection clause. England maintains that, because the forum selection clause designates “the State of Utah” as the agreed site for any and all claims and litigation arising out of the parties’ employment relationship, that venue is improper in this Court. LeBlanc opposes the Motion and challenges the validity of the forum selection clause, arguing that it is not enforceable under Rule 12(b)(3)’s dismissal provisions and that the case is not otherwise subject to transfer under § 1404(a). For the reasons that follow, England’ Motion to Dismiss and Motion to Transfer Venue (doc. 7) is GRANTED in part and DENIED in part.

I.

BACKGROUND1

This cases arises out of LeBlanc’s brief employment as a truck driver for England’s long-haul freight transportation company. In September 2012, LeBlanc, a resident of the State of Texas, was hired in Dallas as a driver by England, a Utah corporation authorized to do business in the State of Texas. Doc. 1, Orig. Comp. ¶¶ 1-3, 8. As a condition of her employment, LeBlanc was required to attend England’s truck driving school. Id. ¶ 8. While attending the training, at the behest of an England company representative, LeBlanc signed a “Conditional Offer of Employment” which contained a forum selection clause stating that the venue for any “claims” or “litigation” arising out of her employment would be “the State of Utah.” Doc. 7, England Mot. at 12 (Ex. A).2

[824]*824During the training, LeBlanc was paired with Defendant Price, who was assigned to serve as her driving instructor. Doc. 1, Orig. Comp. ¶ 9. It was Price’s alleged inappropriate actions toward LeBlanc during training that underlie the present suit. LeBlanc alleges that on or about October 8, 2012, while traveling with Price as part of England’s mandatory truck driving training program, Price made sexual comments to her, used threats of retaliation to manipulate her, and eventually forced LeBlanc into having sexual intercourse with him. Id. ¶ 10.

On January 22, 2018, LeBlanc filed this action alleging sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), against England as her employer. Doc. 1, Orig. Compl. at 6-7. LeBlanc also includes a claim against Price for assault by “offensive physical contact.” Id. at 7-8.3 England denies the allegations, countering that LeBlanc never alerted anyone at the company of the purported offensive sexual conduct and that Price “adamantly” denies that he had sexual relations with Plaintiff. Doc. 7, England Mot. ¶¶ 6, 8-9; Doc. 11, Def. Price Ans. ¶¶ 9-14,16-19.

On February 18, 2013, England filed the instant Motion to Dismiss and Motion to Transfer Venue (doc. 7) pursuant to Rule 12(b)(3) or, alternatively, 28 U.S.C. § 1404(a), based upon a forum selection clause that purports to limit the venue for all litigation between the parties to the state of Utah. LeBlanc opposes the motion, arguing as an initial matter that a Rule 12(b)(3) dismissal is not an available procedural mechanism for the Court under these circumstances. LeBlanc maintains that, under current Fifth Circuit authority, when, as here, a forum selection clause permits venue in another federal district court — as opposed to limiting the venue choice to a state, foreign or arbitral forum — that the court deciding the enforcement issue may not dismiss the case. Instead, according to LeBlanc, the court may only consider a possible transfer of the case under the highly discretionary standards of § 1404(a)’s venue transfer provisions. Doc. 13, Pl.’s Resp. at 5-6 (citing In re Atlantic Marine Constr. Co., Inc., 701 F.3d 736, 741 (5th Cir.2012)). Weighing the § 1404(a) factors, LeBlanc maintains, militates in favor of denying England’s motion to transfer and maintaining venue in this district Id. at 7-10. The Motion is ripe for decision.

Before turning to the applicable legal standards pertaining to forum selection clauses, it bears mention that there is considerable conflict among the circuits in this area. Specifically, the federal courts have not been consistent on the issue of whether Rule 12(b)(3) or § 1404(a) — each with discrete analytical standards — applies to a given forum selection dispute. Which standard applies is a critical determination because they differ sharply. Thus, the choice of one over the other can be an outcome-determinative decision by the court.

II.

LEGAL STANDARDS

A. Forum Selection Clauses

1. From Historical Disfavor to Presumptive Validity after Bremen

Forum selection clauses were historically viewed with disfavor by American courts [825]*825as attempts to oust courts of their jurisdiction and thus considered to be contrary to public policy. 14D Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper, Federal Practice and Procedure § 3803.1, at 50-58 (3d ed. 2007) (citing M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 9-11, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972)). This resistance by the courts toward presuit venue contracts shifted in 1972 with the Supreme Court’s decision in Bremen, an admiralty case. In Bremen, the Supreme Court, bowing to the realities of modern-day international trade, departed from the traditional skepticism toward forum selection clauses and upheld a clause, designating “the London Court of Justice” as the site for all disputes, finding it presumptively valid and enforceable unless “shown by the resisting party to be ‘unreasonable’ under the circumstances.” Bremen, 407 U.S. at 8-10, 92 S.Ct. 1907. In rejecting the lower court’s ruling that the clause was unenforceable as a matter of public policy, the Supreme Court held that the lower court had given “far too little weight and effect” to the forum selection clause. Id. at 8, 92 S.Ct. 1907. The Supreme Court reasoned that the “provincial” attitudes displayed by the court toward these clauses were out-of-step with the “present-day commercial realities” and placed a “heavy hand” on overseas business development by American companies. Id. at 9, 12, 15, 92 S.Ct. 1907. In the admiralty context, the Bremen court concluded “such clauses are prima facie valid” and enforceable absent a “strong showing” that the clause is unreasonable or otherwise invalid due to fraud or overreaching. Bremen, 407 U.S.

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961 F. Supp. 2d 819, 2013 WL 4463366, 2013 U.S. Dist. LEXIS 121031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-cr-england-inc-txnd-2013.