Opinion

O'Reilly v. Medical Facilities of America

Court
District Court, M.D. Florida
Filed
Oct 7, 2024
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

MARGARET M. O’REILLY,

Plaintiff,

v. Case No.: 2:24-cv-292-SPC-KCD

MEDICAL FACILITIES OF

AMERICA and RIVERSIDE

HEALTH AND REHABILITATION

CENTER,

Defendants.

/

OPINION AND ORDER

Before the Court are Defendants’ Motion to Dismiss or Transfer (Doc. 15)

and Plaintiff’s Response (Doc. 18). For the below reasons, the Court grants the

motion and transfers this case.

Plaintiff Margaret M. O’Reilly worked as a Medical Records Coordinator

at Riverside Health and Rehabilitation Center in Danville, Virginia. During

her time there, her employer required employees to receive a Covid-19

vaccination. But Plaintiff requested an accommodation. She provided

documentation from a doctor stating that she is disabled and that the vaccine

could cause serious complications. Despite this, her employer denied her

request, placed her on unpaid medical leave, and listed her position online.

Plaintiff now sues and alleges Defendants violated the Americans with

Disabilities Act by terminating her employment and failing to provide her a

reasonable accommodation and made false claims to the Virginia

Unemployment Commission. Defendants move to dismiss or transfer for

improper venue (Doc. 15).

When challenged by a motion to dismiss for improper venue under

Federal Rule of Civil Procedure 12(b)(3), the plaintiff has the burden of

showing that venue is proper in its chosen forum. Brown v. Brown, No. 8:06-

CV-1028T24GW, 2007 WL 949424, at *2 (M.D. Fla. Mar. 27, 2007). Generally,

venue is proper 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 district in which a substantial part of the

events or omissions giving rise to the claim occurred, or a

substantial part of property that is the subject of the action

is situated; 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(b).

A court considering a motion to dismiss for improper venue must accept

the plaintiff's allegations as true and evaluate all plausible inferences derived

from those facts in favor of the plaintiff. Dyck-O’Neal, Inc. v. England, No.

2:15-CV-27-FTM-38DNF, 2015 WL 1911268, at *2 (M.D. Fla. Apr. 27, 2015).

That said, when evaluating such a motion, “the court may consider matters

outside the pleadings such as affidavit testimony.” Wai v. Rainbow Holdings,

315 F.Supp.2d 1261, 1268 (S.D. Fla. 2004). Therefore, “to resolve such a

motion, the Court accepts all allegations of the complaint as true, unless

contradicted by the defendant’s evidence, and draws all reasonable inferences

and resolves all factual conflicts in favor of the plaintiff.” Dyck-O’Neal, Inc.,

2015 WL 1911268, at *2.

Defendants argue that the Court must dismiss or transfer this action

because Defendants reside in Virginia, not Florida, and the challenged conduct

occurred in Danville, Virginia. Plaintiff responds that she filed suit in the

Middle District of Florida because she currently lives in Cape Coral, Florida.

And, while she prefers the case stay here, she is “unopposed to a change of

venue to Virginia” rather than dismissal. The Court agrees with Defendants

that transfer is appropriate.

Neither Defendant resides in the Middle District of Florida nor has any

connection to this district. And none of the facts giving rise to Plaintiff’s suit

occurred here. In contrast, both Defendants reside in Virginia. And all of the

employment events forming the basis of Plaintiff’s claims occurred in Danville,

Virginia, within the Western District of Virginia. The only connection to the

Middle District of Florida is Plaintiff’s current residence. This is insufficient.

See Floyd v. Endurance Am. Specialty Ins. Co., Inc., No. 1:23CV12-MW/HTC,

2023 WL 10406714, at *2 (N.D. Fla. May 15, 2023) (finding venue improper

where “Plaintiffs residence is the only connection between this case and the .

.. Division”). Accordingly, the Court finds that the interests of justice support

transfer of this case to the Western District of Virginia, where all relevant

events giving rise to Plaintiffs claims occurred. See 28 U.S.C. § 1406 (“The

district court of a district in which is filed a case laying venue in the wrong

division or district shall dismiss, or if it be in the interest of justice, transfer

such case to any district or division in which it could have been brought.”).

Accordingly, it is now

ORDERED:

1. Defendants Motion to Dismiss or Transfer (Doc. 15) is GRANTED in

part.

2. The Clerk is DIRECTED to transfer this matter to the United States

District Court for the Western District of Virginia and close this

Middle District of Florida case.

DONE and ORDERED in Fort Myers, Florida on October 7, 2024.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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