Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Geffner v. Quanta Servs. Inc.

Denial of Discrimination Action's Dismissal on Improper Venue Grounds Is Explained

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiff Evan Geffner brings this action against Defendants Quanta Services, Inc., Phoenix Power Group, Inc., Tom Buchanan, Darrell Jenkins, John DeSena, Pete Butkowsky, Ashley Miller, and Earl C. Austin, Jr., alleging discrimination and retaliation in violation of Title VII, 42 U.S.C. §2000e et seq.; 42 U.S.C. §1981; the Family Medical Leave Act (“FMLA”), 29 U.S.C. §2601 et seq.; the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12101 et seq.; the New York State Human Rights Law, N.Y. Exec. Law §290 et seq.; and the New York City Human Rights Law, N.Y.C. Admin. Code §8-101 et seq. (Dkt. No. 33 at 1-2, 14-24.) Defendants now move to dismiss Geffner’s Amended Complaint in its entirety for improper venue, and to dismiss Geffner’s claims against Defendant Earl C. Austin, Jr. for failure to state a claim. (Dkt. No. 46.) For the reasons that follow, the motion to dismiss for improper venue is denied, but the motion to dismiss the claims against Defendant Austin is granted.I. BackgroundA. Factual BackgroundThe following facts, which are presumed true for purposes of this motion, are drawn from Geffner’s Amended Complaint. (Dkt. No. 33 (“AC”).)Defendant Phoenix Power Group, Inc. is a Delaware corporation with a principal place of business in Deer Park, New York. (AC 14.) Defendant Quanta Services, Inc. is a Delaware corporation.1 (AC 13.) Phoenix Power Group, Inc. was acquired by Quanta Services, Inc. sometime in 2015. (AC 32.) Both Phoenix Power Group, Inc. and Quanta Services, Inc. (collectively, the “Corporate Defendants”) conduct business in the state of New York. (AC

13-14.)Plaintiff Evan Geffner is a resident of New Jersey. (AC 10.) Geffner worked under the Corporate Defendants’ employ at all times relevant to this suit, namely from 2005 until his termination, effective May 1, 2017. (AC

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements