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Terry Kuan Gong v. Leon E. Penatta

March 2, 2012

TERRY KUAN GONG,
PLAINTIFF,
v.
LEON E. PENATTA, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER TRANSFERRING ACTION TO NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION (ECF NOS. 43, 48) ORDER DENYING MISCELLANEOUS MOTIONS (ECF NOS. 45, 53)

I. INTRODUCTION

On December 12, 2011, Terry Kuan Gong ("Plaintiff"), proceeding pro se, filed this wrongful termination action pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII")*fn1 the Age Discrimination in Employment Act of 1967 ("ADEA"),*fn2 and Title I of the Americans with Disabilities Act of 1990 ("ADA").*fn3

Plaintiff names the following Defendants: (1) Leon Penatta, Secretary of Defense, the U.S. official in charge of the Army Air Force Exchange Service ("AAFES"), the DOD Inspector General's Office, and the Pacific Air Forces EEO Office ("Penatta"); (2) Thomas Demicke, a U.S. Citizen living in Japan and a civilian employee of the Department of Defense ("Demicke"); and (3) James K. Gordon, CEO of GET Marketing Inc. ("Gordon"), a Texas based company contracted to the military to operate the Kadena, Japan , computer sales concession where Plaintiff worked.

Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 17.)

The Court has the following matters before it: (1) Motion by Gordon to Dismiss for Improper Venue,*fn4 (ECF No. 43, 48); (2) Motion by Gordon to Dismiss for Improper Pleading,*fn5 (ECF No. 44, 49); (3) Motions by Plaintiff to Strike and Dismiss [sic] in opposition to Gordon's Motion to Dismiss for Improper Venue (ECF No. 45, 53); and (4) Plaintiff's Motion to Amend the Original Complaint Paragraph 5. (ECF No. 56.)

II. FACTUAL AND LEGAL BACKGROUND

Plaintiff's Complaint is exceedingly lengthy and confusing. It seems to complain about his alleged wrongful termination from civilian employment at the Kadena Exchange Main Store ("Store") located on Kadena Air Base, a United States military base in Kadena, Japan. The events alleged in the Complaint occurred in Japan.

Plaintiff, a U.S. citizen living in Japan, worked at the Store as a computer sales consultant. He was employed by Gordon and the Army Air Force Exchange Service, a federally funded corporation based in Dallas, Texas. (Compl. p. 2, ECF No. 1.)

Plaintiff contends his termination from employment was due to unlawful discrimination. He has filed a related complaint with the federal Equal Employment Opportunity Commission in Dallas, Texas. Its final disposition is uncertain. (Compl. at 36.)

Summons have been issued to Plaintiff and the Complaint is out for service. (ECF Nos. 5, 6, 7, 30, 31, 38, 42.)

III. ANALYSIS

1. Improper Venue

Defendant Gordon moves to dismiss, or alternatively transfer this action, based upon improper venue. A motion to dismiss for improper venue challenges a plaintiff's forum selection.*fn6 All well-plead allegations in the complaint bearing on venue are taken as true.*fn7 The moving ...


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