Termination suit brought in improper venue

The Western District of Virginia was the improper venue for a dispute over whether a former employee was properly terminated and paid because the employee resides in Maryland and none of the relevant events occurred here. Rather than transfer the case to the District of Maryland, it was dismissed so the company could decide where to refile it.

Background

AvePoint Inc. and AvePoint Public Sector Inc., or APSI, filed this declaratory judgment action against Robert Knickerbocker, a former employee of APSI. AvePoint seeks a judgment declaring that “Knickerbocker’s at-will employment with APSI was properly terminated,” and that “AvePoint has no obligation to pay any additional commissions or other amounts to Knickerbocker.”

The case is presently before the court on Knickerbocker’s motion to dismiss for lack of venue or, in the alternative, to transfer venue to the District of Maryland. The motion has been fully briefed, and the court heard oral argument Feb. 18, 2020.

Analysis

In this case, it is undisputed that Knickerbocker—the only defendant—resides in Maryland. Therefore, venue is only proper in the Western District of Virginia if a “substantial part of the events or omissions giving rise to [AvePoint’s] claim occurred” here.

The court concludes that AvePoint has failed to meet its burden of establishing that venue is proper in the Western District of Virginia. According to the complaint, APSI hired Knickerbocker at its headquarters in Arlington, which is located in the Eastern District; Knickerbocker’s office was located at APSI’s headquarters in Arlington and APSI terminated his employment in Arlington. Moreover, AvePoint does not allege that any of Knickerbocker’s work was performed in the Western District of Virginia, or that any of the sales for which he seeks compensation were made to customers located here. The mere fact that AvePoint’s attorney is based in Roanoke is insufficient to make venue proper in this district.

When venue is found to be improper, a district court “shall dismiss [the case], or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” The court concludes that dismissal is appropriate in this case. Venue is clearly lacking in the Western District of Virginia, and AvePoint has not identified any procedural bar that would prevent it from refiling in a proper forum. Nor has AvePoint offered any other “reason to believe that an injustice will result from the dismissal as opposed to a transfer.”

Defendant’s motion to dismiss granted.

AvePoint Inc. v. Knickerbocker, Case No. 19-cv-00739, Feb. 25, 2020. WDVA at Roanoke (Conrad). VLW 020-3-116. 7 pp.