Taylor v. Veterans Affairs Administration

CourtDistrict Court, District of Columbia
DecidedJanuary 31, 2014
DocketCivil Action No. 2013-1416
StatusPublished

This text of Taylor v. Veterans Affairs Administration (Taylor v. Veterans Affairs Administration) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Veterans Affairs Administration, (D.D.C. 2014).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MELANIE TAYLOR, Plaintiff, v. Civil Action No. 13-1416 (JDB) ERIC K. SHINSEKI, et al.,

Defendants.

MEMORANDUM OPINION

Plaintiff Melanie Taylor brings this action against defendants Eric Shinseki, in his official

capacity as Secretary of the U.S. Department of Veterans Affairs (“VA”), Mary Andrus, a/k/a

Mary Charles, and Barbara Nugent. Taylor asserts claims under Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. § 2000e et seq.; under the Rehabilitation Act, as amended, 29

U.S.C. § 701; and under various state laws. Pl.’s 3rd Amend. Compl. [ECF No. 22] (“Compl.”)

1. She seeks injunctive and monetary relief for alleged discrimination and retaliation on the basis

of her sex, race, disability, and prior protected activity. Id. Defendant Shinseki1 moved to dismiss

the complaint or, in the alternative, to transfer. Although the Court concludes that venue is

proper in the District of Columbia, it will transfer the case to the Western District of Louisiana

for the convenience of parties and witnesses and in the interest of justice.

BACKGROUND

Taylor is an African-American female nurse, employed by the VA Medical Center in

Alexandria, Louisiana. Compl. ¶ 8. Mary Andrus is Taylor’s former coworker, and Barbara

Nugent is Taylor’s second-level supervisor. Id. ¶¶ 10, 12. Taylor alleges that Andrus harassed

1 Defendants Andrus and Nugent have not yet responded to the complaint or appeared in this action, and hence they do not join in the motion.

1 her in the workplace and physically threatened her. Id. ¶¶ 13-20. As a result, Taylor filed an

Equal Employment Opportunity (“EEO”) complaint against Andrus. Id. ¶ 31. After an

administrative investigation, Andrus was permanently reassigned, and the EEO office for the VA

issued a final decision finding that Taylor proved she had been harassed based on sex. Id. ¶¶ 34-

35. As for Nugent, she was apparently the subject of a previous EEO harassment complaint filed

by Taylor for unspecified misconduct, and Taylor alleges that Nugent downgraded her

performance review in retaliation for her complaint. Id. ¶¶ 38-41. Taylor does not dispute that all

of these actions took place in Louisiana. After receiving the EEO decision, she filed this action

on September 18, 2013. Defendants Andrus and Nugent have yet to respond to the complaint,

while defendant Shinseki has now moved to dismiss for lack of subject-matter jurisdiction as to

Andrus and Nugent and for lack of venue, or to transfer the case.

STANDARDS OF REVIEW

Federal courts have leeway to “choose among threshold grounds for denying audience to

a case on the merits.” Sinochem Int’l Co. v. Malay. Int’l Shipping Corp., 549 U.S. 422, 431

(2007) (quoting Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 585 (1999)). “[C]ertain

nonmerits, nonjurisdictional issues may be addressed preliminarily, because ‘[j]urisdiction is

vital only if the court proposes to issue a judgment on the merits.’” Pub. Citizen v. U.S. Dist.

Court for D.C., 486 F.3d 1342, 1348 (D.C. Cir. 2007) (quoting Sinochem, 549 U.S. at 431)

(internal quotation marks omitted). Thus, it is appropriate for this Court to decide defendants’

challenge to venue before addressing the challenge to subject-matter jurisdiction. See Shay v.

Sight & Sound Sys., Inc., 668 F. Supp. 2d 80, 82 (D.D.C. 2009) (“[A] court may decide

questions of venue before addressing issues of personal or subject matter jurisdiction.”); Aftab v.

2 Gonzalez, 597 F. Supp. 2d 76, 79 (D.D.C. 2009) (“Adjudicative efficiency favors resolving the

venue issue before addressing whether subject matter jurisdiction exists.”).

In ruling on a motion to dismiss for improper venue, the Court must accept all well-

pleaded factual allegations as true and must draw all reasonable inferences in favor of the

plaintiff. Darby v. U.S. Dep’t of Energy, 231 F. Supp. 2d 274, 277 (D.D.C. 2002); 2215 Fifth St.

Assocs. v. U-Haul Int’l, Inc., 148 F. Supp. 2d 50, 54 (D.D.C. 2001). But the Court need not

accept as true inferences that are unsupported by the facts set out in the complaint. Trudeau v.

FTC, 456 F.3d 178, 193 (D.C. Cir. 2006) (quoting Papasan v. Allain, 478 U.S. 265, 286 (1986)).

It may consider material outside of the pleadings. Cooper v. Farmers New Century Ins. Co., 593

F. Supp. 2d 14, 18 (D.D.C. 2008) (noting that “[w]hen deciding a Rule 12(b)(3) motion to

dismiss for lack of venue, the court may consider extrinsic evidence”); Artis v. Greenspan, 223

F. Supp. 2d 149, 152 (D.D.C. 2002) (“A court may consider material outside of the pleadings in

ruling on a motion to dismiss for lack of venue, personal jurisdiction or subject-matter

jurisdiction.”) (citing Land v. Dollar, 330 U.S. 731, 735 n.4 (1947)). “Because it is the plaintiff’s

obligation to institute the action in a permissible forum, the plaintiff usually bears the burden of

establishing that venue is proper.” Williams v. GEICO Corp., 792 F. Supp. 2d 58, 62 (D.D.C.

2011) (internal quotation marks and citation omitted); see also 15 Charles Alan Wright et al.,

Federal Practice and Procedure § 3826, at 258 (2d ed. 1986 & Supp. 2006) (“[W]hen [an]

objection has been raised, the burden is on the plaintiff to establish that the district he chose is a

proper venue.”).

3 ANALYSIS

Shinseki argues that Taylor’s complaint should be dismissed for improper venue and lack

of subject-matter jurisdiction. Having determined that it is usually appropriate to assess venue

before subject-matter jurisdiction, the Court first turns to the propriety of venue in this district.

I. Venue May Be Proper In This District

Venue in Title VII cases is not set by the general venue statute, 28 U.S.C. § 1391, but

rather by the venue provision in 42 U.S.C. § 2000e–5(f)(3). See Stebbins v. State Farm Mut.

Auto. Ins. Co., 413 F.2d 1100, 1102 (D.C. Cir. 1969) (per curiam); accord Quarles v. Gen. Inv.

& Dev. Co., 260 F. Supp. 2d 1, 8 (D.D.C. 2003). Under Title VII, a plaintiff may bring suit: (1)

where “the unlawful employment practice is alleged to have been committed,” (2) where “the

employment records relevant to such practice are maintained and administered,” or (3) where

“the aggrieved person would have worked but for the alleged unlawful employment practice.”

§ 2000e–5(f)(3). Only if the defendant is not found within any of these districts can a plaintiff

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