Martinez v. Bloomberg LP

883 F. Supp. 2d 511, 26 Am. Disabilities Cas. (BNA) 1604, 2012 WL 3263921, 2012 U.S. Dist. LEXIS 113227
CourtDistrict Court, S.D. New York
DecidedAugust 10, 2012
DocketNo. 11 Civ. 7514(JMF)
StatusPublished
Cited by30 cases

This text of 883 F. Supp. 2d 511 (Martinez v. Bloomberg LP) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. Bloomberg LP, 883 F. Supp. 2d 511, 26 Am. Disabilities Cas. (BNA) 1604, 2012 WL 3263921, 2012 U.S. Dist. LEXIS 113227 (S.D.N.Y. 2012).

Opinion

OPINION AND ORDER

JESSE M. FURMAN, District Judge:

This action arises out of claims by Plaintiff Brian Anthony Martinez against his former employer, Bloomberg LP (“Bloom-berg”), and two Bloomberg employees, Andrew Lack and Catriona Henderson. Specifically, in his complaint, filed on October 24, 2011, Plaintiff asserts a claim against Defendant Bloomberg for unlawful termination in violation of the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12111 et seq., and claims against all Defendants for violations of the New York State Human Rights Law (“NYSHRL”), 15 N.Y. Exec. Law § 296 et seq., and the New York City Human Rights Law (“NYCHRL”), 8 N.Y.C. Admin. Code § 8-502(a) et seq. Relying on a forum selection clause in the employment agreement between Martinez and Bloomberg, Defendants Bloomberg and Lack now move, pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure, for dismissal of the complaint in its entirety for improper venue. In the alternative, Defendants Bloom-berg and Lack move, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, for dismissal of the NYSHRL and NYCHRL claims for lack of subject matter jurisdiction on the ground that the alleged discrimination had no “impact” within New York.1 For the reasons stated below, the Court finds that venue in the Southern District of New York is improper. Accordingly, Defendants’ motion to dismiss pursuant to Rule 12(b)(3) is GRANTED and the complaint is dismissed.

BACKGROUND

Where, as here, a defendant moves to dismiss for improper venue pursuant to Rule 12(b)(3), a court may consider evidence outside the four corners of the complaint, including affidavits and other documentary evidence. See, e.g., Gulf Ins. Co. v. Glasbrenner, 417 F.3d 353, 355 (2d Cir. 2005); Cartier v. Micha, Inc., No. 06 Civ. 4699(DC), 2007 WL 1187188, at *2 (S.D.N.Y. Apr. 20, 2007). Accordingly, the following facts are drawn from the complaint and the affidavits submitted by the parties, and are construed in the light most favorable to the Plaintiff. See Phillips v. Audio Active, Ltd., 494 F.3d 378, 384 (2d Cir.2007) (noting that when a district court relies on pleadings and affidavits to grant a motion to dismiss on the [514]*514basis of a forum selection clause, the court must view all facts in a light most favorable to the plaintiff).

Bloomberg is a privately held financial software, media, and data company with its principal place of business in New York City. (Compl. ¶ 2). At all times relevant to this action, Defendant Lack was the chief executive officer of Bloomberg’s Multimedia Division, and Defendant Henderson was the regional head of Bloomberg’s human resources department in the United Kingdom. (Id. ¶¶ 3^1). In September 1999, Martinez began working for Bloom-berg as a freelance producer, and in April 2000, he began full-time employment in the company’s New York office. (Id. ¶¶ 10-11). In early 2005, after a three-year stint in Bloomberg’s Tokyo office, Martinez was reassigned to Bloomberg’s London office. (Id. ¶ 12).

In connection with his relocation to the United Kingdom, Martinez signed a new employment contract with Bloomberg’s London office on February 21, 2005 (the “Agreement”), (Defs.’ Mem. of Law in Supp. of Mot. to Dismiss (“Defs.’ Mem.”) 3). To the extent relevant here, the Agreement expressly designated Bloom-berg’s London office as Martinez’s “normal place of business” (Asman Deck Ex. 1 § 1.2); provided for circumstances under which Martinez’s employment could be terminated (id. § 10); and set forth grievance procedures that governed the employment relationship. (Id. § 9). Most relevant for present purposes, the Agreement also contained a forum selection and choice of law provision. (Id. § 14.1). The clause provided, in relevant part, that the Agreement “shall be interpreted and construed in accordance with English law and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English courts.” (Id. § 14.1).

Martinez was promoted several times during his tenure at Bloomberg, eventually becoming Managing Director of Bloom-berg Television International for Asia, Europe, the Middle East, and Africa, but in November 2010, his career “hit a brick walk” (Compl. ¶¶ 17, 21). A month or so earlier, Martinez, who is gay, had revealed to Henderson that he had been physically abused by his domestic partner. (Id. ¶¶ 22-23). After meeting with two separate doctors to receive treatment for his injuries, in late November 2010, Martinez met with Lack, who insisted that Martinez take a leave from work. (Id. ¶¶ 24, 27-29). Martinez had already planned to be on vacation from December 16, 2010, until January 3, 2011, but at Lack’s insistence, he took an unofficial leave of absence beginning on November 29, 2010. (Id. ¶ 30). In mid-December, while on leave, Martinez received the results of his annual company review. Although Martinez’s performance was rated “exceptional,” his bonus was not consistent with Bloomberg’s historical pay practice or with his 2010 bonus. (Id. ¶¶ 34-35).

On January 4, 2011, Martinez returned to work. (Id. ¶ 36). The following month, Henderson and Lack met with Martinez and expressed concern that Martinez was “unwell.” (Id. ¶¶ 43^14). According to the complaint, Lack and Henderson suggested to Martinez that the abuse he suffered may have “seriously impacted” his ability to perform his job responsibilities. (Id. ¶ 47). Henderson recommended that Martinez take additional medical leave for at least thirty days, which he did, beginning on February 15, 2011. (Id. ¶¶ 50, 53). In late March 2011, Martinez’s doctor cleared him to return to work, but on April 1, 2011, Henderson told Martinez that it “may be better” for him to wait until May to return to work. (Id. ¶¶ 54, 55).

It appears that Martinez never returned to Bloomberg. (See Asman Deck Ex. 2). While on medical leave, Martinez learned [515]*515that Bloomberg was considering organizational changes relevant to his position at the company. (Compl. ¶ 57). By letter dated June 20, 2011, Bloomberg informed Martinez that the company was considering restructuring various company departments — a process that could “regrettably result in the elimination of [Martinez’s] role____” (Id. ¶64). The next day, an attorney representing Martinez in the United Kingdom e-mailed Bloomberg, stating that termination of Martinez’s position would “give rise to” claims for unfair dismissal, whistleblowing, and discrimination. (Asman Decl. ¶ 15; id. Ex. 6). On July 29, 2011, Martinez was terminated from his employment with the company. (Compl. ¶ 65).

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883 F. Supp. 2d 511, 26 Am. Disabilities Cas. (BNA) 1604, 2012 WL 3263921, 2012 U.S. Dist. LEXIS 113227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-bloomberg-lp-nysd-2012.