Nielsen v. Walmart Inc.

Background

Junious Nielsen sued Walmart Inc. under the Uniformed Services Employment and Reemployment Rights Act of 1994, a federal law protecting certain employment rights connected to military service. Nielsen alleged that Walmart:

- failed to provide proper short-term leave pay between December 2014 and December 2015; - fired him within one year of his deployments, drill weekends, and inactive or active service obligations; and - fired him because of his military service obligations.

Nielsen had been employed at a Walmart store in Greece, New York.

Motions and Venue Analysis

Walmart filed a motion to dismiss or transfer venue. Nielsen opposed the motion and separately filed a motion for summary judgment, which asks the court to decide the case based on the undisputed facts and applicable law.

The court considered Walmart’s request to transfer the case under 28 U.S.C. § 1404(a). That statute allows a federal court to transfer a civil case for the convenience of the parties and witnesses and in the interest of justice. The court first considers whether the case could have been brought in the proposed district and then weighs factors such as the location of witnesses, the location of relevant evidence, where the events occurred, and the overall interests of justice.

Nielsen argued that venue was proper in the Southern District of New York because Walmart maintained a business there. The court agreed that this statute allowed the action to proceed in a district where Walmart maintained a place of business, but found that the Southern District was not the best venue. The court relied on the fact that Nielsen and potential witnesses resided in the Western District of New York and that the employment-related events occurred there. It also found that Nielsen did not explain why the Southern District was more appropriate.

Ruling

Judge Vernon S. Broderick granted Walmart’s motion to transfer venue. The order did not decide whether Nielsen’s complaint should be dismissed or whether Nielsen was entitled to summary judgment. The court expressly declined to reach Walmart’s request for dismissal and Nielsen’s motion for summary judgment.

The clerk was directed to close all open motions on the docket and transfer the case promptly to the Western District of New York. The court also waived the usual seven-day waiting period for the transfer.