Sanderson v. Horse Cave Theatre 76

881 F. Supp. 2d 493, 2012 WL 3129485, 2012 U.S. Dist. LEXIS 107640
CourtDistrict Court, S.D. New York
DecidedJuly 26, 2012
DocketNo. 12 Civ. 708 (KNF)
StatusPublished
Cited by5 cases

This text of 881 F. Supp. 2d 493 (Sanderson v. Horse Cave Theatre 76) 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
Sanderson v. Horse Cave Theatre 76, 881 F. Supp. 2d 493, 2012 WL 3129485, 2012 U.S. Dist. LEXIS 107640 (S.D.N.Y. 2012).

Opinion

MEMORANDUM AND ORDER

KEVIN NATHANIEL FOX, United States Magistrate Judge.

INTRODUCTION

Christopher Carter Sanderson (“Sander-son”) commenced this action against Horse Cave Theatre, d/b/a Kentucky Repertory Theatre (“KRT”), seeking damages for breach of an employment contract. The parties consented to proceed before a magistrate judge for all purposes, pursuant to 28 U.S.C. § 636(c) and Fed.R.CivJP. 73. Before the Court is KRT’s “Motion to Dismiss for Improper Venue and Lack of Personal and Subject Matter Jurisdiction,” made pursuant to Rule 12 of the Federal Rules of Civil Procedure. Sanderson opposes the motion.1

[496]*496BACKGROUND

Allegations in the Complaint

Sanderson alleged the following in his complaint:

Since January 1, 2011, he has been “a citizen of New York and resides” in Brooklyn, New York. KRT “is a nonprofit corporation, incorporated under the law[s] of Kentucky,” with its principal place of business in Horse Cave, Kentucky. Sanderson is a director, producer, playwright and composer, who, over the past 18 years, had 16 plays reviewed by the New York Times. In 2011, Sanderson was awarded a theatrical development Fulbright Grant. On or about January 1, 2011, KRT advertised the position executive director, in ArtSearch, a publication that advertises positions available in the arts, and ArtsOpportunities, a Web site that posts theater-related jobs, both of which are published by the Theatre Communications Group, located in New York. Sanderson applied for the position.

On or about February 5, 2011, KRT contacted Sanderson to express interest in interviewing him for the executive director position. Shortly thereafter, KRT conducted a telephonic interview and a followup Skype interview with Sanderson, and it brought him to Kentucky for an in-person interview. At the time of the interviews, Sanderson was in Norway, performing duties in connection with his Fulbright Grant. During the interviews, KRT expressed interest in Sanderson’s strong reputation and network of contacts in the New York theatrical community. Sander-son inquired, at a KRT board meeting, how KRT defined success for an executive director and was told that it is defined, in large part, as “transferring shows between KRT and New York.” KRT told Sanderson that it would expect him to use his New York contacts with the press, directors, actors and theater network to assist KRT in producing and transferring shows to and from New York.

From February 15 to 25, 2011, “while Sanderson was in New York, KRT and Sanderson continued discussions and contract negotiations concerning the position of Executive Director via telephone and email.” Subsequently, KRT sent Sander-son, electronically, a nonbinding Memorandum of Understanding (“MOU”) which included the material terms of their employment agreement. On February 25, 2011, Sanderson signed the MOU in New York and transmitted a copy of it to KRT. Sanderson ended the work he was performing under his Fulbright Grant prematurely, and arrived in Kentucky on March 5, 2011. On March 7, 2011, Sanderson and KRT signed an employment agreement.

Sanderson was employed by KRT from March 1 to December 6, 2011. When he assumed his duties, Sanderson engaged Dash Media/PR, a New York City public relations agency specializing in the New York theater, to represent KRT. Dash Media/PR obtained publicity for KRT in Kentucky and New York City. During his employment with KRT, Sanderson, on behalf of KRT, “contacted, networked and otherwise leveraged his New York connections in the following ways,” he: (a) reached out to the acting community in New York by contacting numerous actors and recruited many New York actors on behalf of KRT, including members of the No. 11 Production Theater Company and Brett Hunter Levenson, an actor with Broadway credits, to act in a KRT production in Kentucky; (b) contacted various individuals in New York City to recruit directors, including the Artistic Director of the New York Shakespeare Festival, the Associate Director of the New York Theater Workshop, the Artistic Director of [497]*497the Metropolitan Playhouse and others; (c) contacted various New York producers to recruit them to finance KRT productions and co-produce shows that would move between Kentucky and New York; (d) contacted New York academics to obtain student interns for KRT; (e) contacted trade organizations in New York to involve them in KRT shows in Kentucky and New York; (f) contacted New York theaters to enlist them as co-producers to facilitate the movement of KRT shows from Kentucky to New York and vice versa; (g) contacted Wingspace Theatrical Design to acquire design and technical personnel for KRT shows in New York and Kentucky; (h) used his New York connections to obtain publicity for KRT through such press vehicles as The New York Times, The Clyde Fitch Report, Backstage, The Village Voice and Time Out NY; and (i) contacted the New York City Department of Parks and Recreation and the Office of the Mayor of New York City to obtain permission to perform KRT shows in the city’s parks.

Prior to and during his employment with KRT, KRT encouraged Sanderson to maintain his connection with the Gorilla Repertory Theater, which Sanderson founded in 1992, to stage free productions of classical plays in public spaces in New York City. While serving as KRT’s executive director, Sanderson brought new and original programming to the theater and “brought shows from New York to KRT and from KRT to New York.” From about May 23 to 30, 2011, and from October 1 to 5, 2011, Sanderson conducted business in New York on behalf of KRT.

On or about October 6, 2011, at a KRT board meeting, “Sanderson emphasized KRT’s financial situation and offered to take a temporary voluntary furlough and to defer $2,000 in back pay then owed to him so that KRT could put on the Christmas special and follow-through on KRT’s co-production obligations with Gorilla Rep. KRT accepted this offer.” On December 6, 2011, KRT gave Sanderson notice that his employment was terminated, “for cause,” stating, inter alia:

A decision was made by the Board of Directors on October 17, 2011 to lay you off from your position as Executive Director of the Theatre after a report from you that KRT was financially unable to pay your salary. Prior to October 17, 2011 and after October 17, 2011 you have harmed the goodwill of the theatre and the reputation of the theatre through public contact with patrons and supporters, facebook postings, and email exchanges. You continuously and deliberately attempt to show dissent among the public in an effort to promote your personal interests to the detriment of KRT. Your actions are unacceptable and constitute cause for dismissal. Be advised that slanderous or libelous remarks in any medium including Internet postings, or emails are considered by KRT as actionable and subject you to legal action.

On or about December 15, 2011, KRT informed the press that it had terminated Sanderson’s employment.

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881 F. Supp. 2d 493, 2012 WL 3129485, 2012 U.S. Dist. LEXIS 107640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanderson-v-horse-cave-theatre-76-nysd-2012.