Summary
This memorandum opinion addresses a pro se plaintiff’s Title VII employment discrimination claim against the U.S. Postmaster General and the EEOC. The court granted the defendants' motion to transfer venue from the District of Columbia to the Western District of Wisconsin, finding that the plaintiff failed to establish proper venue under Title VII’s special venue provision. The court declined to dismiss the case, opting instead for transfer to ensure convenience and fairness while preserving the plaintiff's access to the courts.
Topics
Practice areas
Questions Presented
- Whether venue in the District of Columbia is proper under Title VII's special venue provision
- Whether the court should transfer the case rather than dismiss it under 28 U.S.C. §§ 1404(a) and 1406(a)
Holdings
- Venue in the District of Columbia is improper because none of the statutory prongs are satisfied.
- The court may transfer the case to the Western District of Wisconsin under 28 U.S.C. §§ 1404(a) and 1406(a) and does so.
Key quotations
“Venue is proper if at least one of the section 2000e-5(f)(3) prongs is satisfied.”
“When “venue [is laid] in the wrong [judicial] district,” a district court “shall dismiss, or if it be in the interest of justice, transfer such case” to a district “in which it could have been brought.””
Factual background
Dennis L. Maxberry, a resident of Chippewa Falls, Wisconsin, alleges that he was not selected for a position at the U.S. Post Office in Chippewa Falls in violation of Title VII. He sued former Postmaster General Louis Dejoy and the EEOC. The complaint was filed in the District of Columbia.
Procedural history
Plaintiff filed suit in the District of Columbia alleging Title VII discrimination. Defendants moved to transfer venue to the Western District of Wisconsin. The court denied dismissal and granted the transfer.