Opinion

Staples

Court
District Court, W.D. Washington
Filed
Jul 20, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

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KIRSTEN A. STAPLES, CASE NO. 2:26-cv-01851-LK

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Plaintiff, ORDER OF DISMISSAL

12 v.

13 STARBUCKS CORPORATION et al.,

14 Defendants.

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16 This matter comes before the Court sua sponte. On July 6, 2026, United States Magistrate

17 Judge Brian A. Tsuchida granted pro se Plaintiff Kirsten Staples’ application to proceed in forma

18 pauperis (“IFP”) and recommended that the Court screen the complaint under 28 U.S.C.

19 § 1915(e)(2)(B). Dkt No. 3. Having thoroughly reviewed the complaint, the record, and the

20 applicable law, the Court dismisses Staples’ complaint without prejudice.

21 I. BACKGROUND

22 Staples is a resident of Georgia. Dkt. No. 4 at 4. Her 67-page complaint includes various

23 allegations against approximately 48 unrelated Defendants. Specifically, she contends that she was

24 “treated more harshly than other District Managers” when she worked for Defendant Aldi in

1 Missouri from 1999 to 2006. Id. at 9. Staples alleges that Aldi is an Illinois corporation. Id. at 5.

2 She also raises allegations about her employment in Missouri with Defendant Starbucks from 2007

3 to 2008, and with Defendant Ogletree Deakins from 2011 to 2012. Id. at 9–10.

4 Staples’ complaint also includes allegations about her employment with Defendant 22nd

5 Circuit Court of Missouri, where she worked from 2009 and 2019. Id. at 10–11. She contends she

6 “filed a timely charge of public accommodations discrimination based on disability under the ADA

7 against Defendant 22nd Circuit with the [Missouri Commission on Human Rights (‘MCHR’)]

8 between February 26, 2022 and March 03, 2022.” Id. at 11. According to Staples, her charge is

9 still open and the MCHR has mishandled it. Id.

10 In 2019, Staples filed a lawsuit under a pseudonym “against several judges of the 22nd

11 Circuit under §1983 in the District Court for the Eastern District of Missouri,” and that complaint

12 was dismissed under Rule 12(b)(6). Id.; see also Doe v. 22nd Circuit Court of Missouri, 4:19-cv-

13 00227-RLW (E.D. Mo. 2019) (“Doe v. 22nd Circuit”). Staples states that her “claims in this case

14 involve some of the same conduct alleged in Doe v. 22nd Circuit, but [her] basis for suit here is

15 materially different, in that here [she] is alleging that an employee/employer relationship existed

16 between the 22nd Circuit Defendants for which they are not immune from suit.” Id. Staples’

17 complaint also includes allegations about two quiet title actions she filed in Missouri in 2020 and

18 2025 related to real property in that state. Id. at 12.

19 Staples’ first claim asserts a claim for employment discrimination by Starbucks under the

20 Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title

21 VII”), purportedly based on events that occurred in 2008 (a layoff) and in 2025 (a non-selection

22 for a position in Florida). Id. at 12–13, 65. Her second and third claims assert employment

23 discrimination and harassment against the 22nd Circuit Court in Missouri and that court’s judges

24 and employees in violation of Title VII. Id. at 13–25. In what she titles her fifth count, Staples

1 asserts public accommodation discrimination against the 22nd Circuit. Id. at 25–26. Staples also

2 asserts discrimination and retaliation by the MCHR and one of its employees, id. at 26–27, and

3 retaliation by the Missouri Attorney General, id. at 27–28. Next, she alleges “sex-plus

4 discrimination in the provision of services by a federal contractor against the 22nd Circuit” and

5 other Missouri Defendants. Id. at 28–29. She also asserts numerous claims concerning her quiet

6 title actions in Missouri and other allegations related to property in Missouri. Id. at 29–53.

7 Next, she asserts employment-related retaliation and harassment against Ogletree Deakins

8 under the ADA, id. at 53–54, and retaliation by various public entities and public employees in

9 Missouri, including the 22nd Circuit, id. at 54–63. She also alleges breach of contract and

10 retaliation by Aldi when it gave her a negative employment reference. Id. at 63–65. As relief,

11 Staples seeks declaratory and injunctive relief related to the real property, compensatory and

12 punitive damages, and attorney’s fees and expenses. Id. at 66–67.

13 II. DISCUSSION

14 A. Venue Is Improper

15 Staples contends that venue is proper in this district and includes the following allegations

16 in her complaint:

17 Venue is proper in this Court under 28 U.S.C. §1391(b) because Defendants

Starbucks maintains its principal place of business in the City of Seattle, State of

18 Washington. Venue is also proper under 28 U.S.C. §1391(b) in that Defendant

Ogletree Deakins maintains an active law office in the City of Seattle and can be

19 served there. The evidence will show that a significant portion of known and

unknown Defendants’ actions were directed at employers and governmental

20 entities in the State of Washington.

21 Dkt. No. 4 at 9.

22 When a plaintiff asserts multiple claims, she must establish that venue is proper as to each

23 claim. Kaia Foods, Inc. v. Bellafiore, 70 F. Supp. 3d 1178, 1183 (N.D. Cal. 2014). “However,

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1 where venue exists for the principal claim, federal courts will also adjudicate closely related

2 claims, even if there is no independent source of venue for the related claims.” Id.

3 The general venue statute, 28 U.S.C. § 1391, governs “all civil actions” brought in U.S.

4 district court “[e]xcept as otherwise provided by law.” 28 U.S.C. § 1391(a). Under Section 1391,

5 venue is proper in (1) “a judicial district in which any defendant resides, if all defendants are

6 residents of the State in which the district is located;” (2) “a judicial district in which a substantial

7 part of the events or omissions giving rise to the claim occurred, or a substantial part of property

8 that is the subject of the action is situated;” or (3) “if there is no district in which an action may

9 otherwise be brought as provided in this section, any judicial district in which any defendant is

10 subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). A

11 district court may raise the issue of venue on its own motion. Costlow v. Weeks, 790 F.2d 1486,

12 1488 (9th Cir. 1986) (affirming sua sponte dismissal for improper venue when the defendant had

13 not waived the defense).1 To determine the proper venue for 1983 claims, courts apply the general

14 venue statute. Bazzo v. California, No. 1:23-cv-01454-KES-SAB (PC), 2025 WL 418087, at *1

15 (E.D. Cal. Feb. 6, 2025); 28 U.S.C. § 1391(b). The general venue statute also applies to Title VI

16 claims, see, e.g., Hunter v. Regents of the Univ. of Cal., 971 F. Supp. 1316 (C.D. Cal.), and to

17 claims under Title II of the ADA, Williams v. Joyy, Inc., No. 2:25-cv-03351-DC-CKD PS, 2026

18 WL 145681, at *2 (E.D. Cal. Jan. 20, 2026).2

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20 1 Although a defendant can waive venue, id. at 1487–88, Defendants here have not waived or otherwise failed to assert

the defense.

21 2 The Court does not consider which venue provision applies to the federal statutes Staples merely lists in her complaint

without providing any allegations or facts to state a claim under those statutes, including “§504 of the Rehabilitation

Act of 1975, as amended, 29 U.S.C. §791, et seq.”; the “State and Local Fiscal Assistance Act of 1972 (‘Revenue

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Sharing Act’), 31 U.S.C. 6901 et seq., as [] amended;” and the “Violence Against Women Act (‘VAWA’), 34 U.S.C.

§10101 et seq.” Dkt. No. 4 at 3. Staples also lists a claim under Title III of the ADA, id., which prohibits “private

23 entities that open themselves up to the public” from discriminating based on disability in the provision of goods and

services. Langer v. Kiser, 57 F.4th 1085, 1100 (9th Cir. 2023) (citing 42 U.S.C. § 12182). Staples has not provided

24 any allegations or facts to support a Title III claim under the ADA. Instead, her allegations regarding public

accommodations discrimination seem to arise under Title II of the ADA, Dkt. No. 4 at 11, 25–27, which applies to

1 Here, this district is not the proper venue for Staples’ claims that fall under the general

2 venue statute. She does not allege that all Defendants reside in this district. Dkt. No. 4 at 3–9; 28

3 U.S.C. § 1391(b)(1). Nor does she allege that any of the acts that underlie her claims occurred in

4 this district, much less that a “substantial part of the events or omissions giving rise to [her]

5 claim[s] occurred” in this district. 28 U.S.C. § 1391(b)(2). For example, the real property at issue

6 is in Missouri. Dkt. No. 4 at 12, 29–53. And finally, she has not shown that any Defendant is

7 “subject to the court’s personal jurisdiction” with respect to her claims that are subject to the

8 general venue statute. 28 U.S.C. § 1391(b)(3). Accordingly, venue is improper here for her Title

9 VI, ADA Title II, and Section 1983 claims.

10 Title VII has its own venue statute, providing for venue:

11 (1) in any judicial district in the State in which the unlawful employment practice

is alleged to have been committed,

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(2) in the judicial district in which the employment records relevant to such practice

13 are maintained and administered, or

14 (3) in the judicial district in which the aggrieved person would have worked but for

the alleged unlawful employment practice,

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(4) but if the respondent is not found within any such district, such an action may

be brought within the judicial district in which the respondent has his principal

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office.

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(5) For purposes of sections 1404 and 1406 of Title 28, the judicial district in which

the respondent has his principal office shall in all cases be considered a district in

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which the action might have been brought.

19 42 U.S.C. § 2000e-5(f)(3) (numbering added). Moreover, “[i]n employment discrimination cases,

20 the ADA venue provisions control rather than the general federal venue statute, even if a non-ADA

21 claim is included.” Kisman v. United Parcel Serv., Inc., No. 2:21-CV-03164-AB (Ex), 2021 WL

22 5016903, at *5 (C.D. Cal. Aug. 13, 2021) (citation modified). Staples does not allege that relevant

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24 discrimination by public entities, 42 U.S.C § 12132.

1 records are located in this district, that she was denied a position here, or that any of the

2 employment-related actions she complains about occurred in this district. Instead, she alleges that

3 she endured such discrimination in Missouri. Dkt. No. 4 at 9–25, 53–54. She also alleges that

4 Starbucks did not hire her for a position in Florida. Id. at 12–13, 65. Accordingly, she has not

5 shown that this is the proper venue for her Title VII and ADA claims.

6 When venue is improper, the court “shall dismiss, or if it be in the interest of justice,

7 transfer such case to any district or division in which it could have been brought.” 28 U.S.C.

8 § 1406(a). A court may dismiss the case entirely if transferring would not be in the interests of

9 justice. King v. Russell, 963 F.2d 1301, 1304 (9th Cir. 1992). Here, justice would not be served by

10 transferring this case to Missouri, where the actions giving rise to most of the claims occurred,

11 because it would be futile; that forum has already dismissed similar claims against the 22nd Circuit

12 Court, four judges from that court, and various employees of that court. Doe v. 22nd Cir., Dkt.

13 Nos. 4, 5 (E.D. Mo. Apr. 23, 2019); see also Kaia Foods, Inc., 70 F. Supp. 3d at 1184 (“Dismissal,

14 rather than transfer, may be appropriate where the transfer would be futile because the case would

15 be dismissed even after transfer.”).

16 Justice would not be served by transferring this matter for a second reason: Staples has

17 improperly joined her unrelated claims against dozens of Defendants that do not meet the

18 requirements for permissive joinder of parties. That is, her claims regarding her real property, and

19 her various discrimination claims against multiple Defendants spanning decades, do not raise “any

20 question of law or fact common to all defendants[.]” Fed. R. Civ. P. 20(a)(2)(B). Nor does Staples

21 assert “any right to relief” against all Defendants “jointly, severally, or in the alternative with

22 respect to or arising out of the same transaction, occurrence, or series of transactions or

23 occurrences[.]” Fed. R. Civ. P. 20(a)(2)(A). As such, her claims are not properly joined. Although

24 the Court could add or drop parties and sever claims, Fed. R. Civ. P. 21, doing so would not fix

1 the problems identified above. Accordingly, the Court dismisses the complaint rather than

2 transferring it.

3 B. Leave to Amend

4 “Unless it is absolutely clear that no amendment can cure the defect . . . a pro se litigant is

5 entitled to notice of the complaint’s deficiencies and an opportunity to amend prior to dismissal of

6 the action.” Lucas v. Dep’t of Corrs., 66 F.3d 245, 248 (9th Cir. 1995). Because Staples is forum

7 shopping to avoid another dismissal of her claims against the Missouri Defendants and venue is

8 improper as to those claims, the Court does not grant her leave to amend her complaint against

9 them. Nor does the Court permit Staples leave to amend her claims against Aldi and Ogletree

10 Deakins, which are clearly time-barred. Dkt. No. 4 at 9–10.

11 However, it is possible (albeit doubtful) that Staples could establish proper venue for

12 claims against Starbucks, which she contends is headquartered in Washington with its principal

13 place of business in Seattle. Dkt. No. 4 at 4. Because it is not absolutely clear that amendment of

14 the claims against this Defendant would be futile, the Court grants Staples leave to file an amended

15 complaint against Starbucks. In addition, this Order limits Staples to filing an amended complaint

16 that attempts to cure the specific deficiencies identified in this Order. Because Staples asserts

17 claims that date back decades, see, e.g., id. at 9 (alleging that she was laid off from Starbucks in

18 2008), any amended complaint must explain why her claims are not time-barred.

19 In addition, Staples does not assert that she has exhausted or attempted to exhaust her

20 administrative remedies for her Title VII and ADA claims against Starbucks. Id. at 12–13, 65.

21 “Exhausting administrative remedies by filing a timely charge with the EEOC or the appropriate

22 state agency is a statutory pre-requisite for an employee to pursue litigation under Title VII and

23 the ADA.” Dejesus v. United Healthcare Grp., No. 2:25-cv-00815-CDS-EJY, 2025 WL 1394283

24 (D. Nev. May 13, 2025) (citation modified); 42 U.S.C. § 2000e-5(f) (Title VII); 42 U.S.C.

1 § 12117(a) (ADA); see also Vazquez v. Wash. Dep’t Veteran Affs., 746 F. Supp. 3d 1011, 1024

2 (W.D. Wash. 2024) (noting that the exhaustion requirement is not jurisdictional and dismissing

3 plaintiff’s Title VII claim as unexhausted); Terrell v. Brewer, 935 F.2d 1015, 1019 (9th Cir. 1991)).

4 Accordingly, any amended complaint must also show that she has exhausted her administrative

5 remedies. Staples’ amended complaint, should she choose to file one, operates as a complete

6 substitute for an original pleading. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

7 III. CONCLUSION

8 For the foregoing reasons, the Court DISMISSES Staples’ complaint, Dkt. No. 4, with

9 limited leave to amend only as described above. If Staples does not file a proper amended

10 complaint by August 10, 2026, the Court will dismiss this action and close this case.

11 Dated this 20th day of July, 2026.

12 A

13 Lauren King

United States District Judge

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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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