Hill v. Napolitano
839 F. Supp. 2d 180
D.D.C.2012Background
- Hill, an Oregon resident, sues DHS Secretary under the ADEA for age-based termination from TSA in Portland (2007).
- DHS moves to dismiss for improper venue or transfer to Oregon or ED Virginia.
- Court concludes venue improper in DC but transfer to Oregon proper.
- Hill was employed by TSA from 2004–2007 as Assistant Federal Security Director for Law Enforcement at PDX.
- TSA HQ is in ED Virginia; Hill resides in Oregon; complaint alleges no events in DC, and merely naming the Secretary does not anchor venue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is venue proper in DC under § 1391(e)? | Hill argues DC venue due to DHS Secretary. | Venue not proper; no events in DC; secretary alone not anchor. | Venue not proper in DC. |
| If venue improper, is transfer to Oregon proper? | Transfer unnecessary; venue could be Oregon. | Transfer to Oregon appropriate where plaintiff resides and where substantial events occurred. | Transfer to District of Oregon granted as proper under § 1406/a. |
Key Cases Cited
- Walden v. Locke, 629 F. Supp. 2d 11 (D.D.C. 2009) (treats Rule 12(b)(3) venue standard emphasizing plaintiff's allegations)
- Aftab v. Gonzalez, 597 F. Supp. 2d 76 (D.D.C. 2009) (naming cabinet secretary does not anchor venue in DC)
- Cameron v. Thornburgh, 983 F.2d 253 (D.C. Cir. 1993) (guard against shoaling venue by official-naming)
- Naartex Consulting Corp. v. Watt, 722 F.2d 779 (D.C. Cir. 1983) (transfer preferred when venue improper to promote justice)
- Sanchez v. United States, 600 F. Supp. 2d 19 (D.D.C. 2009) (transfer under 28 U.S.C. § 1406(a) to proper venue favored)