Sharisse Stephenson v. Bon Secours Mercy Health, et al.

Summary

The United States District Court for the Northern District of Texas transferred Sharisse Stephenson’s ADA lawsuit to the Norfolk Division of the Eastern District of Virginia under 28 U.S.C. § 1406(a). The court concluded that venue was not proper in Texas based on the alleged employment events and parties’ connections to Virginia, and noted that both sides consented to the transfer.

Holdings

1. Venue was not shown to be proper in the Northern District of Texas because the allegations and exhibits connected the alleged unlawful employment practices, the employment, the accommodation denial, and the EEOC charge to Virginia, and Plaintiff did not plausibly allege that the unlawful employment practices occurred elsewhere in Texas.
2. Rather than dismissing the action, the court properly transferred it immediately to the Norfolk Division of the Eastern District of Virginia under 28 U.S.C. § 1406(a), because that division was a proper venue and both sides consented to the transfer.
3. A magistrate judge may order transfer of a case to another federal district or to another division of the same court as a nondispositive matter under 28 U.S.C. § 636(b)(1)(A).

Questions Presented

1. Whether venue was proper in the Northern District of Texas for Stephenson's ADA claims.
2. Whether the court should dismiss the case for improper venue or transfer it to the Norfolk Division of the Eastern District of Virginia under 28 U.S.C. § 1406(a).
3. Whether a magistrate judge may order transfer of a case to another federal district as a nondispositive matter under 28 U.S.C. § 636(b)(1)(A).

Disposition

other