Jones v. BergElectric Inc.

Background

The court considered Defendant Bergelectric Corp.’s motion to transfer venue to the Eastern District of California. Plaintiff Melvin Jones did not oppose the motion. The opinion identifies the case as involving a Title VII action and states that the defendant relied on both Title VII’s venue provision, 42 U.S.C. § 2000e-5(f)(3), and the general federal transfer statute, 28 U.S.C. § 1404(a).

Reasoning

Title VII allows an action to be brought in the district where the alleged unlawful employment practice occurred or where relevant employment records are maintained and administered, among other places. The court found that the action could originally have been filed in the Eastern District because Jones alleged that the lawsuit arose in Amador County and the relevant employment records were maintained and administered in Sacramento County.

The court also agreed that convenience and fairness favored transfer. The defendant represented that the parties and nonparty witnesses were located in the Eastern District. The opinion states that Jones appeared to have resided in San Joaquin County, that the relevant Bergelectric office was in Sacramento County, and that Bergelectric’s employee witnesses were located in or around Sacramento County.

Disposition

The court GRANTED the unopposed motion to change venue. It ordered the clerk to TRANSFER the case to the United States District Court for the Eastern District of California and close the file. Judge Haywood S. Gilliam, Jr. signed the order. The opinion does not decide the merits of the underlying Title VII claims.