Coleman v. Vidal
| William David Coleman |
| Andrew Hirshfeld and Kathi Vidal |
| 1:2022cv00703 |
| June 23, 2022 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| John F Anderson |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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| Filing 4 Case transferred in from District of District of Columbia; Case Number 1:22-cv-01180. Original file and docket sheet received. |
Filing 3
ORDER transferring case to the U.S. District Court for the Eastern District of Virginia. See Order for details. Signed by Judge Timothy J. Kelly on 06/02/2022. (lctjk2) [Transferred from District of Columbia on 6/23/2022.]
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| Set/Reset Deadlines: Show Cause Response due by 5/20/2022. (zkh) [Transferred from District of Columbia on 6/23/2022.] |
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MINUTE ORDER: Before the Court is Plaintiff's pro se #1 Complaint, in which he sues the Director of the U.S. Patent and Trademark Office ("USPTO"), alleging that the USPTO discriminated against him on the basis of race and age while he was employed by the USPTO in Alexandria, Virginia. See ECF No. 1 at 2-5. Plaintiff asserts claims under Title VII, 42 U.S.C. 2000e et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq. See ECF No. 1 at 3. It appears that venue is improper in this district for Plaintiff's Title VII claim. Under Title VII, venue is proper (1) in any judicial district in the state in which the unlawful employment practice is alleged to have been committed; (2) in the judicial district in which the employment records relevant to such practice are maintained and administered; (3) in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice; or (4) if the defendant is not found in any district meeting one of the first three prongs, then in the judicial district in which the defendant has his principal office. See 42 U.S.C. 2000e-5(f)(3); McGrone v. Austin, No. 21-cv-472 (RC), 2022 WL 888194, at *2 (D.D.C. Mar. 25, 2022). But based on the allegations in Plaintiff's complaint, none of these four venue possibilities seems to apply to the District of Columbia. See, e.g., Varma v. Gutierrez, 421 F. Supp. 2d 110, 114 (D.D.C. 2006). Instead, venue for Plaintiff's Title VII claim appears appropriate in the Eastern District of Virginia. See, e.g., id. Granted, it seems that venue is proper in this district for Plaintiff's ADEA claim. See ECF No. 1 at 1; see also McGrone, 2022 WL 888194, at *4 (observing that "ADEA claims are subject to the general venue statute"); 28 U.S.C. 1391(e)(1) (providing that, in a civil action against an officer of a federal agency sued in her official capacity, venue is proper in a judicial district where, as relevant here, "the plaintiff resides"). However, "when venue is proper for certain of a plaintiff's claims but not others, courts in this district routinely transfer the entire action to a district where all claims may be heard" rather than splitting the claims. McGrone, 2022 WL 888194, at *4 (collecting authorities); see also In re O'Leska, No. 00-5339, 2000 WL 1946653, at *1 (D.C. Cir. Dec. 7, 2000) (per curiam) ("It is in the interest of justice to transfer the entire complaint rather than have it heard in two different venues." (citing 28 U.S.C 1404(a)). Thus, it is hereby ORDERED that, by May 20, 2022, Plaintiff shall show cause why this case should not be transferred to the Eastern District of Virginia by filing a response to this order explaining why the case should not be transferred there. Signed by Judge Timothy J. Kelly on 05/05/2022. (lctjk2) [Transferred from District of Columbia on 6/23/2022.]
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Filing 2
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 05/02/2022. (lctjk2) [Transferred from District of Columbia on 6/23/2022.]
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| Filing 1 COMPLAINT against ANDREW HIRSHFELD (Filing fee $ 402, receipt number 202026) with Jury Demand filed by WILLIAM DAVID COLEMAN. (Attachment: #1 Civil Cover Sheet)(ztth) [Transferred from District of Columbia on 6/23/2022.] |
| SUMMONS (3) Issued as to ANDREW HIRSHFELD, U.S. Attorney and U.S. Attorney General. (ztth) [Transferred from District of Columbia on 6/23/2022.] |
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