4:25-cv-05346
N.D. Cal.Jun 11, 2025Background
- Plaintiff Shena Hickman, a Florida resident, filed a pro se action against Meta Platforms, Inc. alleging employment discrimination under Title VII and the Age Discrimination in Employment Act (ADEA).
- Hickman alleges discrimination and retaliation based on race, color, sex, national origin, and age related to her employment at Meta in Burlingame, California (October 2017–October 2018).
- The claimed discriminatory and retaliatory acts allegedly occurred in various locations, including California, Florida, and New York.
- Defendant Meta Platforms, Inc. is headquartered in Menlo Park, California; all employment records and primary witnesses are likely located there.
- Hickman previously filed similar claims against Meta in the Northern District of California, which were dismissed as frivolous.
- The Southern District of New York reviewed venue suitability and determined transfer was appropriate under forum non conveniens principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue for Title VII/ADEA claims | Venue valid in SDNY because alleged acts occurred in NY | Venue should be in N.D. Cal. | Venue more appropriate in Northern District of California |
| Convenience and interests of justice | Plaintiff's current location justifies SDNY | Most evidence/witnesses in CA | Convenience, justice favor transfer to California |
| Prior litigation | Not specifically argued | Prior case in N.D. Cal. supports transfer | Prior similar action in N.D. Cal. supports transfer |
| IFP and pro bono counsel | Application pending, request for appointed counsel | N/A | Left to deciding court (Northern District of California) |
Key Cases Cited
- D.H. Blair & Co. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (district courts have broad discretion to determine convenience under § 1404(a) and consider fairness case-by-case)
- N.Y. Marine and Gen. Ins. Co. v. LaFarge N. Am., Inc., 599 F.3d 102 (2d Cir. 2010) (lists factors for determining convenience and justice in venue transfer)
