Roman v. Doctor's Associates Inc. et al

Filing 12

ORDERED that the above-referenced case is TRANSFERRED to the United States District Court for the District of Puerto Rico. Signed by Judge Robert Pitman. (jgb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

EDDIE ALBERTO ROMAN,
Plaintiff,

6:17-CV-5 RJ

V.

DOCTOR'S ASSOCIATES, INC., and
CARIBBEAN FRANCHISES, INC.,
Defendants.

ORDER
Before the Court is Plaintiff's pro se complaint asserting violations of the Americans with
Disabilities Act ("the ADA"). (Comp., Dkt. 1, at 3). He alleges that he was denied services at

Defendants' Subway Restaurant in Arecibo, Puerto Rico, because managers and employees would

not allow his service dog, Pilot, to remain in the store.

(Id.

at 3-5). Plaintiff seeks both monetary

damages and certain injunctive relief, including an order "[r]equiring all company own[ed] and
franchisefl operated Subway Restaurants in Puerto Rico to have wording that service dogs are

allowed at their entrance in both English and Spanish," and requiring that all of Defendant's
employees "in Puerto Rico receivefl proper initial and refresher training on the [ADA] requirements

regarding service dogs." (Id. at 6-7).

After review of Plaintiffs complaint, the Court finds that this action should be transferred to
the United States District Court for the District of Puerto Rico. Venue in this case is governed by
the general venue statute codified in 28 U.S.C.

1391. Section 1391 provides, in relevant part, a civil

action filed in federal district court may be brought in "(1) a judicial district in which any defendant
resides, if all defendants are residents of the State in which the district is located;

(2) a judicial

occurred.

district in which a substantial part of the events or omissions giving rise to the claim

. . ;

or (3) if there is no district in which an action may otherwise be brought as provided

in this section, any judicial district in which any defendant is subject to the court's personal

jurisdiction with respect to such action." 28 U.S.C.

1391. For the purposes

of venue, a defendant is

deemed to reside "in any judicial district in which such defendant is subject to the court's personal
jurisdiction with respect to the civil action in question." 28 U.S.C.

1391(c)(2).

The address Plaintiff has provided for Defendant Doctor's Associate, Inc., the parent
company for the Subway restaurants, is in Miami Springs, Florida, and the address provided for

Defendant Caribbean Franchises, Inc. is in San Juan, Puerto Rico. For the purposes of venue, both
defendants reside in Puerto Rico because Defendant Doctor's Associates, Inc. does business there
and Defendant Caribbean Franchises, Inc. resides there. According to the complaint, all events or
omissions giving rise to Plaintiffs claim occurred in Puerto Rico.

Pursuant to 28 U.S.C.

1404, "in the interest of justice, a district court may transfer any civil

action to any other district or division where it might have been brought." Puerto Rico constitutes
one judicial district. 28 U.S.C.

119. This action could have been brought in the District

of Puerto

Rico, given it is where the actions giving rise to this lawsuit occurred, and where both Defendants
reside. 28 U.S.C.

1391(b).

Accordingly, it is therefore ORDERED that the above-referenced case is

TRANSFERRED to the United States District Court for the District of Puerto Rico
SIGNED on April 28, 2017.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE