TAU v. COMMONWEALTH ONE FEDERAL CREDIT UNION et al
| Aren Tau |
| Virginia Employment Commission, Parkview Federal Credit Union and Commonwealth One Federal Credit Union |
| 1:2022cv00308 |
| March 22, 2022 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| Ivan D Davis |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.
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Filing 9
MEMORANDUM OPINION and ORDERED that the Motion (Dkt. 5) is DENIED. ORDERED that Plaintiff's original Motion for a TRO and Preliminary Injunction (Dkt. 2), which was brought before he filed his Amended Complaint, is DENIED as MOOT. Signed by District Judge Rossie D. Alston, Jr on 4/28/2022. (kgall) (C/M to plaintiff)
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Filing 8
ORDER denying without prejudice #6 Motion for CM/ECF Password. As an alternative, Plaintiff is reminded that he can request electronic notification if he deems that be be an appropriate course of action. Signed by Magistrate Judge Ivan D. Davis on 4/27/2022. (swil) (c/s pursuant to Order)
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Filing 7
Case transferred in from District of District of Columbia; Case Number 1:22-cv-00446. Original file and docket sheet received.
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Filing 6
MOTION for CM/ECF Password by AREN TAU. "Leave to file GRANTED" by Judge Timothy J. Kelley on 3/21/2022. (ztth) [Transferred from District of Columbia on 3/22/2022.]
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Filing 5
MOTION for Temporary Restraining Order by AREN TAU. "Leave to file GRANTED" by Judge Timothy J. Kelly on 3/11/2022. (ztth) [Transferred from District of Columbia on 3/22/2022.]
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Filing 4
NOTICE by AREN TAU. "Leave to file GRANTED" by Judge Timothy J. Kelly on 3/10/2022. (ztth) [Transferred from District of Columbia on 3/22/2022.]
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Filing 3
AMENDED COMPLAINT against COMMONWEALTH ONE FEDERAL CREDIT UNION, VIRGINIA EMPLOYMENT COMMISSION, PARKVIE FEDERAL CREDIT UNION filed by AREN TAU.(ztth); "Leave to file GRANTED" by Judge Timothy J. Kelly on 3/7/2022, Modified text on 3/7/2022 (ztth). [Transferred from District of Columbia on 3/22/2022.]
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Filing 2
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by AREN TAU; "Leave to file GRANTED" by Judge Timothy J. Kelly on 3/7/2022. (Additional attachment(s) added on 3/7/2022: #1 Memorandum in Support) (ztth). [Transferred from District of Columbia on 3/22/2022.]
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MINUTE ORDER: Before the Court is Plaintiff's pro se #1 Complaint, in which he alleges that Defendants conspired to deprive him of his unemployment benefits. See ECF No. 1 at 3. Plaintiff does not allege where he lives, although the caption of his complaint lists a P.O. Box in Washington, D.C., in violation of this Court's local rules. See LCvR 5.1 (c)(1). In any event, both Defendants reside in Virginia, and Plaintiff states that Defendant Commonwealth One Federal Credit Union is in Alexandria, Virginia, specifically. See id. at 1. And it appears that much of the relevant conduct in this case occurred in Alexandria, Virginia. Id. at 3-5. Venue is generally proper for a civil action brought in (1) "a judicial district in which any defendant resides, if all defendants are residents of the States in which the district is located"; (2) "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated"; or (3) "if there is no district in which any action may otherwise be brought as provided [above], any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. 1391(b). Venue is improper in this district under any prong of the statute. Although Plaintiff alleges that venue is proper because "most of the defendants has location and doing business in Washington DC," ECF No. 1 at 1, Defendant Virginia Employment Commission does not reside in the District of Columbia, making option (1) inapt, see id. 1391(c)(2) ("an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question"); Ciralsky v. CIA, 689 F. Supp. 2d 141, 160 (D.D.C. 2010) ("individual Defendants reside in different states, so 1391 (b)(1) is inapplicable"). Nothing about the allegations in the complaint suggests that any part of the events or omissions that gave rise the claims occurred here, or that a substantial part of the property at issue is located here, thus making (2) inapplicable. And finally, because the Eastern District of Virginia, where Alexandria, Virginia, is located, is a district in which the action could have been brought, (3) does not apply. A district court presiding over "a case laying venue in the wrong division or district" may "in the interest of justice" transfer the case to any district "in which it could have been brought." 28 U.S.C. 1406(a). Transfers are generally favored over dismissals "to preserv[e] a petitioner's ability to obtain review." Nat'l Wildlife Fed'n v. Browner, 237 F.3d 670, 674 (D.C. Cir. 2001). This is especially true in pro se cases. See James v. Verizon Servs. Corp., 639 F. Supp. 2d 9, 15 (D.D.C. 2009). Accordingly, pursuant to 28 U.S.C. 1406(a) it is hereby ORDERED that the case is TRANSFERRED to the Eastern District of Virginia. Signed by Judge Timothy J. Kelly on 2/28/2022. (lctjk1) [Transferred from District of Columbia on 3/22/2022.]
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SUMMONS Not Issued as to COMMONWEALTH ONE FEDERAL CREDIT UNION, VIRGINIA EMPLOYMENT COMMISSION. (ztth) [Transferred from District of Columbia on 3/22/2022.]
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Filing 1
COMPLAINT against COMMONWEALTH ONE FEDERAL CREDIT UNION, VIRGINIA EMPLOYMENT COMMISSION (Filing fee $ 402, receipt number 201601) filed by AREN TAU. (Attachment: #1 Civil Cover Sheet) (ztth) [Transferred from District of Columbia on 3/22/2022.]
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