Deborah Ann Warner v. Surefox Consulting LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DEBORAH ANN WARNER,

Case No. 21-cv-07473-RS Plaintiff, 11 v. ORDER DENYING MOTION TO DISMISS OR TRANSFER VENUE SUREFOX CONSULTING LLC, et al., 13 Defendants.

15 I. Introduction Plaintiff filed this civil rights and employment action against her former employer in September 2021. Defendants move to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3), arguing the mandatory venue statute of Title VII of the Civil Rights Act of 1964 (“Title VII”) requires Plaintiff to have brought this lawsuit in either the Western or Eastern District of Texas, as Warner worked from home in Texas while employed by the Defendants, the decision to terminate her was made in Texas, and no electronic employment records are maintained in the Northern District of California. In the alternative, Defendants argue the case should be transferred to the Western District of Texas…