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Yih v. Taiwan Semiconductor Mfg. Co. Ltd.

Court Dismisses Action Where Jurisdiction Issue Was Already Decided in Prior Action

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OPINION & ORDER JihShyr Yih (“Plaintiff”), proceeding pro se, brings this Action against the Taiwan Semiconductor Manufacturing Company (“TSMC” or “Defendant”), for discrimination and retaliation under the New York State Human Rights Law (“NYSHRL”) based on Defendant’s failure to hire Plaintiff. (See generally Compl. (Dkt. No. 1-1).) Before the Court is Plaintiff’s Motion to Remand the Case to State Court (the “Remand Motion”), (see Not. of Mot. to Remand (Dkt. No. 41)), and Defendant’s Motion To Dismiss the Complaint pursuant to Federal Rules of Procedure 12(b)(2) and 12(b)(6) (the “Motion To Dismiss”), (see Not. of Mot. To Dismiss (Dkt. No. 27)). For the foregoing reasons, the Remand Motion is denied and the Motion To Dismiss is granted. I. Background A. Factual Background The following facts are taken from the Complaint and are assumed to be true for purposes of resolving the instant Motion To Dismiss. See Div. 1181 Amalgamated Transit Union-N.Y. Emps. Pension Fund v. N.Y.C. Dep’t of Educ., 9 F.4th 91, 94 (2d Cir. 2021) (per curiam). 1. Background to the Parties Plaintiff is an Asian man, who — at the time relevant to this Action — was approximately 58 years old. (See Compl. 1.) While Plaintiff was born outside of the United States and attended university and served in the military in Taiwan, Plaintiff has resided in the United States since 1983 and is a naturalized United States citizen; Plaintiff currently lives in New York state with his spouse and two children. (See id.

1, 2, 23, 24, 50.) Plaintiff earned his doctorate from the University of Michigan and worked for two decades at the Thomas J. Watson Research Center at IBM where he served as chief of staff, managing a team of 550 researchers and engineers, and had responsibilities that included semiconductors, information technology, and administration. (See id.

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