Taite v. Alabama Southern Community College (MAG+)

Filing 17

ORDER as follows: Defendant's Motion to Dismiss 7 is DENIED as moot; Defendant's Motion to Dismiss Amended Complaint 14 is DENIED to the extent it seeks dismissal of this action based on improper venue, but GRANTED to the extent it se eks transfer of this lawsuit to the United States District Court for the Southern District of Alabama as further set out; that this action be, and the same hereby is, TRANSFERRED to the United States District Court for the Southern District of Alabama for all further proceedings; The Clerk of the Court is DIRECTED to take appropriate steps to effect the transfer. Signed by Honorable Judge Mark E. Fuller on 10/3/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BRENDA TAITE,

)
)
Plaintiff,
)
v.
)
)
ALABAMA SOUTHERN COMMUNITY )
COLLEGE,
)
)
Defendant.
)

CASE NO. 2:12-cv-0683-MEF
(WO-Do Not Publish)

ORDER
Plaintiff filed this lawsuit seeking redress for age discrimination under the Age
Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and the Alabama Age
Discrimination in Employment Act, Ala. Code §§ 25-1-20 to -29. Plaintiff’s Complaint and
Amended Complaint contain general factual allegations regarding the appropriateness of
venue. Specifically, Plaintiff alleges that Defendant is an agency of the State of Alabama and
that it maintains its principal place of business in Montgomery, Alabama.
This cause is now before the Court on Defendant’s Motion to Dismiss (Doc. # 7) and
Motion to Dismiss Amended Complaint (Doc. # 14), which seek dismissal of Plaintiff’s
claims on the basis of improper venue,1 or, alternatively, for a transfer of this action to the
United States District Court for the Southern District of Alabama.

In response to

Defendant’s Motions, Plaintiff filed an Objection (Doc. # 16) in which she consents to the

1

In its Motions to Dismiss, Defendant also seeks dismissal of Plaintiff’s claims for the
following reasons: lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2); insufficiency
of process pursuant to Fed. R. Civ. P. 12(b)(4); and insufficiency of service of process pursuant to
Fed. R. Civ. P. 12(b)(5). (Docs. # 7, 14.)

transfer of this action to the Southern District of Alabama and, in doing so, concedes to the
appropriateness of venue there. Accordingly, the Court finds that this action is due to be
transferred to the United States District Court for the Southern District of Alabama.
Based on the foregoing, it is hereby ORDERED as follows:
(1)

Defendant’s Motion to Dismiss (Doc. # 7) is DENIED as moot.

(2)

Defendant’s Motion to Dismiss Amended Complaint (Doc. # 14) is DENIED

to the extent it seeks dismissal of this action based on improper venue, but GRANTED to the
extent it seeks transfer of this lawsuit to the United States District Court for the Southern
District of Alabama. The remaining bases of Defendant’s Motion to Dismiss Amended
Complaint (Doc. # 14) are left for resolution by the United States District Court for the
Southern District of Alabama.
(3)

It is further ORDERED that this action be, and the same hereby is,

TRANSFERRED to the United States District Court for the Southern District of Alabama
for all further proceedings.
The Clerk of the Court is DIRECTED to take appropriate steps to effect the transfer.
DONE this the 3rd day of October, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2