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Brigida v. United States Department of Transportation et al

MOTION to Dismiss Counts/Claims : Second Claim and Request for Improper Relief , MOTION to Dismiss Party U.S. Department of Transportation, Federal Aviation Administration, Michael Huerta, and Stephanie Jones , MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Columbia

43 Cited authorities

  1. Brown v. General Services Administration

    425 U.S. 820 (1976)   Cited 2,249 times
    Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

  2. Jones v. GNC Franchising, Inc.

    211 F.3d 495 (9th Cir. 2000)   Cited 1,602 times   4 Legal Analyses
    Holding the same in context of forum-selection-clause prohibition in California's franchise statute

  3. Badaracco v. Commissioner

    464 U.S. 386 (1984)   Cited 431 times   6 Legal Analyses
    Holding that "an amended return is a creature of administrative origin and grace"

  4. Cook v. Brewer

    637 F.3d 1002 (9th Cir. 2011)   Cited 419 times
    In Cook, the Ninth Circuit considered a challenge to Arizona's lethal-injection protocol, a three drug protocol involving the use of sodium thiopental.

  5. Brazil v. U.S. Dept. of Navy

    66 F.3d 193 (9th Cir. 1995)   Cited 656 times
    Holding that a constitutional challenge to a security clearance decision was precluded by Title VII

  6. Lou v. Belzberg

    834 F.2d 730 (9th Cir. 1987)   Cited 699 times
    Holding that we had appellate jurisdiction over a case that had been transferred to an out-of-circuit district court because the appellant filed her notice of appeal before the transferred records were docketed in that court

  7. Sommatino v. U.S.

    255 F.3d 704 (9th Cir. 2001)   Cited 417 times   1 Legal Analyses
    Holding Title VII preempts Federal Tort Claims Act ("FTCA") claims and "provides the exclusive remedy for federal employees seeking to redress employment discrimination"

  8. Vinieratos v. U.S., Dept. of Air Force

    939 F.2d 762 (9th Cir. 1991)   Cited 285 times
    Holding failure "to exhaust those administrative remedies forecloses any claim to jurisdiction under the Rehabilitation Act"

  9. Mlynczak v. Bodman

    442 F.3d 1050 (7th Cir. 2006)   Cited 137 times
    Holding that a manager did not show reverse discrimination, although he was evaluated on achieving diversity goals, among 11 other unrelated factors, because the diversity program included a wide variety of programs unrelated to the contested hiring decisions

  10. Park v. Dole Fresh Vegetables, Inc.

    964 F. Supp. 2d 1088 (E.D. Cal. 2013)   Cited 108 times
    Finding that convenience of the parties weighed in favor of transfer where Plaintiff and all counsel lived in the putative transferee district

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,524 times   186 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,039 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,973 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  15. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,729 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  16. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,257 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  17. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 4,951 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  18. Section 44506 - Air traffic controllers

    49 U.S.C. § 44506   Cited 2 times
    Giving preference to "qualified individuals maintaining 52 consecutive weeks of air traffic control experience"