Longo v. Flightsafety International, Inc.

1 F. Supp. 3d 63, 2014 U.S. Dist. LEXIS 29724, 122 Fair Empl. Prac. Cas. (BNA) 151, 2014 WL 880410
District Court, E.D. New York·Decided March 6, 2014·No. No. 12-cv-2413 (WFK)(LB)·Published·Cited by 4 cases

Opinion

MEMORANDUM AND ORDER

WILLIAM F. KUNTZ II, District Judge.

Gina M. Longo (“Plaintiff’) brings this action for damages and injunctive relief against her former employer, FlightSafety International, Inc. (“FlightSafety”), and individual employees of FlightSafety, Warren Linham (“Linham”), Tracey Clough (“Clough”), Paul Hewett (“Hewett”), and Kim Knight (“Knight”). Plaintiff brings claims based upon sexual harassment, hostile work environment, retaliation, and breach of contract. Defendants move to dismiss the complaint in its entirety pursuant to the doctrine of forum non conve-niens and under other various theories arising under Rule 12(b) of the Federal Rules of Civil Procedure. For the reasons stated below, this Court dismisses Plaintiffs action in its entirety based on the application and enforcement of the employment contract’s forum-selection clause via the doctrine of forum non conveniens.

I. BACKGROUND

Plaintiff alleges a lengthy set of facts, which the Court views in the light most favorable to Plaintiff for purposes of this motion. At all times relevant to the action Plaintiff was a resident of the United Kingdom and concurrently a citizen of the United States. (Dkt. No. 8, First Amended Complaint (“FAC”), ¶ 3 (Oct. 12, 2012)). FlightSafety International, Inc. (“Flight-Safety”) is a domestic corporation incorporated in the state of New York. (FAC ¶ 4.) FlightSafety employed Linham, Clough, Hewett, and Knight in managerial positions. (FAC ¶¶ 5-8.) In her first amended complaint, Plaintiff states she “was offered a contract of employment,” (FAC ¶ 11), which contained the terms and conditions of her employment, (FAC ¶ 10; Aff. of Tracey Clough (“Clough Aff.”), Ex. A, B.) The employment contract included a forum-selection clause and a choice-of-law clause that reads: “The Conditions of Employment — UK shall be interpreted and enforced in accordance with the laws of the United Kingdom, and the parties submit to the exclusive jurisdiction of the English courts.” (Clough Aff., Ex. B. at 1.)

Exhibit A to Clough’s affidavit is a letter of appointment and is signed by Hewett, the Center Manager, and by Plaintiff, and dated February 11, 2008. (Clough Aff., Ex. A.) Exhibit B to Clough’s affidavit is the Conditions of Employment, which was separately signed by Plaintiff on February 7, 2008. (Clough Aff., Ex. B.) The letter of appointment states that it “together with the enclosed ‘Conditions of Employment Nov 07-UK’ form your contract of employment. Additional items are enclosed as referenced in this letter.” (Clough Aff., Ex. A.) The contract also contained an “Equal Opportunities” provision, which states in full part:

It is the Company’s policy to provide employment, compensation, training, promotions and other conditions of employment without regard to race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, [66] marital status and/or disability unrelated to an individual’s ability to perform essential job functions. It is also the Company’s policy to conform to all employment standards required by law. Full details of this policy are contained in the Appendices attached and also in the Employee handbook.

(Clough Aff., Ex. B. at 9.) FlightSafety employed Plaintiff as a ground and flight simulator instructor for a probationary period beginning on May 7, 2008. (FAC ¶ 10.) She remained in this position at FlightSafety’s UK Training Centre in Farnborough, Hampshire until she was dismissed on November 13, 2009. (FAC ¶¶ 10,14.)

Plaintiff alleges that shortly after beginning employment, Linham began making unwelcome comments to her, which spurred her to record the alleged incidents of sexual harassment in a journal. (FAC ¶ 22-24.) Plaintiff claims that Linham made repeated comments about Plaintiffs physical appearance and attempted at times to make unwelcomed physical contact, including instances where Linham attempted to kiss Plaintiff on the lips. (FAC ¶¶ 81, 34-89, 71, 76-77, 150-56.) On August 17, 2009 Plaintiff was informed by letter of a proposed reduction of instructors for the Hawker 400XP, the simulator for which Plaintiff was an instructor. (FAC ¶ 43.) Plaintiff finally reported one of the alleged incidents to Knight on September 18, 2009. (FAC ¶79.) Knight prepared a report of Plaintiffs accusation on September 21, 2009 and delivered it to Clough. (FAC ¶ 80.)

In a September 24, 2009 meeting with Clough and Hewett, Plaintiff inquired of the possibility of going part-time or transferring to another program to avoid redundancy, but was informed no such opportunities were available. (FAC ¶ 89.) Plaintiff believes she was denied these requests as retaliation for making an official complaint of sexual harassment. (FAC ¶ 90.) Plaintiff alleges that the employment action was retaliation because it was only 10 days after her complaint, on October 1, 2009, that she learned she was made redundant.1 (FAC ¶¶ 50, 90.) Plaintiff accepted voluntary redundancy, but later claimed this acceptance was made under duress and based upon misrepresentations by FlightSafety as to the terms of her departure from the company. (FAC ¶¶ 115-16,147.)

In the FAC, Plaintiff alleges causes of action for (1) discrimination and sexual harassment (without reference to any specific statute), (2) retaliation and hostile work environment (without reference to any specific statute), (3) breach of contract, and (4) discrimination and sexual harassment in violation of Section 296 of the New York State Executive Law. (FAC ¶¶ 157-64.) Plaintiff asserts jurisdiction is proper under 42 U.S.C. § 2000e. (FAC ¶2). Plaintiff seeks compensatory damages, punitive damages, award of costs and attorneys fees, and Plaintiff’s reinstatement to her former position as injunctive relief. (FAC ¶ 164(a)-(e).) Defendant now moves this Court to dismiss Plaintiffs action in its entirety through enforcement of the employment contract’s forum-selection clause, applying the doctrine of forum non conveniens, and Rule 12(b).

II. STANDARD OF REVIEW

District courts were previously faced with uncertainty in designating a single clause of Rule 12(b) as the appropri-

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Longo v. Flightsafety International, Inc., 1 F. Supp. 3d 63, 2014 U.S. Dist. LEXIS 29724, 122 Fair Empl. Prac. Cas. (BNA) 151, 2014 WL 880410 (E.D.N.Y. 2014).

1 F. Supp. 3d 63 (Longo v. Flightsafety International, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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