Wayne Mood, individually and o/b/o a class of similarly situated persons v. CCC Group, Inc.

Summary

The United States District Court for the District of South Carolina denied plaintiffs’ motion for reconsideration under Federal Rule of Civil Procedure 59(e). The court held that plaintiffs had not shown a clear error of law regarding Title VII venue and declined to transfer the case because plaintiffs had previously opposed transfer to the Western District of Kentucky.

Holdings

1. Plaintiffs did not show an intervening change in controlling law, newly available evidence, clear error of law, or manifest injustice; therefore, reconsideration was unwarranted.
2. Receipt or storage of employment-related documents by a plaintiff in South Carolina does not establish venue under Title VII's employment-records provision; venue is proper where the defendant maintains and administers the relevant employment records.
3. Transfer was not in the interest of justice because plaintiffs had previously represented that transfer to Kentucky would prejudice them and attempted to reverse that position only on reconsideration.

Questions Presented

1. Whether plaintiffs established a basis for reconsideration under Federal Rule of Civil Procedure 59(e).
2. Whether receipt of employment-related documents by email in South Carolina makes South Carolina a proper venue under Title VII's venue provision.
3. Whether the court should transfer the action to the Western District of Kentucky under 28 U.S.C. § 1406(a) rather than dismiss it.

Disposition

denied