TIMOTHY J. KELLY, District Judge.
Before the Court is Defendant Sheehy Ford's Motion to Dismiss for lack of personal jurisdiction and improper venue. For the reasons explained below, the Court agrees that it lacks personal jurisdiction, and therefore need not decide whether venue lies here. But instead of dismissing the case, it will transfer it to the District of Maryland—where personal jurisdiction and venue are proper—because doing so is in the interest of justice.
Christian Wright sued her former employer, Sheehy Ford of Marlow Heights, Inc., in the Superior Court of the District of Columbia in July 2019. See ECF No. 1-1 ("Compl."). Wright alleges that Sheehy Ford discriminated against her because of her disability in violation of the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), and the Maryland State Employment Discrimination Act. Id. ¶¶ 5, 34-63. Shortly after the case began, Sheehy Ford removed it to this Court. ECF No. 1. Sheehy Ford then moved to dismiss under Federal Rules of Civil Procedure 12(b)(2) and 12(b)(3), arguing that personal jurisdiction and venue were improper. ECF No. 8 ("MTD"). Wright opposed the motion, arguing that even if Sheehy Ford were correct, transfer rather than dismissal would be the appropriate remedy. ECF No. 9 ("Opp'n") at 2, 11-13. Sheehy Ford replied, maintaining that dismissal was warranted. ECF No. 10 ("Reply") at 6-7.
A motion to dismiss under Rule 12(b)(2) tests whether the Court may exercise personal jurisdiction over the defendant. The plaintiff bears "the burden of establishing a factual basis for the exercise of personal jurisdiction." Crane v. New York Zoological Soc., 894 F.2d 454, 456 (D.C. Cir. 1990). The D.C. Circuit has held that absent jurisdictional discovery or an evidentiary hearing on jurisdiction, a plaintiff can carry her burden by making "a prima facie showing" of personal jurisdiction. Mwani v. bin Laden, 417 F.3d 1, 7 (D.C. Cir. 2005) (citation omitted). To do so, a plaintiff need not "adduce evidence that meets the standards of admissibility reserved for summary judgment and trial." Urban Inst. v. FINCON Servs., 681 F.Supp.2d 41, 44 (D.D.C. 2010). Instead, "she may rest her arguments on the pleadings," bolstered by affidavits and other written materials. Id. That said, she "cannot rest on bare allegations or conclusory statements." GTE New Media Servs., Inc. v. Ameritech Corp., 21 F.Supp.2d 27, 36 (D.D.C. 1998). Rather, she "must allege specific facts connecting each defendant with the forum." Id.
Since the parties have not taken jurisdictional discovery or requested an evidentiary hearing, the Court "must resolve factual disputes in favor of the plaintiff." Livnat v. Palestinian Auth., 851 F.3d 45, 57 (D.C. Cir. 2017) (internal citations omitted). Yet it "need not accept inferences drawn by plaintiffs if such inferences are unsupported by the facts." Id. Additionally, the Court "may receive and weigh affidavits and any other relevant matter to assist it in determining the jurisdictional facts." Triple Up Ltd. v. Youku Tudou Inc., 235 F.Supp.3d 15, 20 (D.D.C. 2017).
Personal jurisdiction is "an essential element of the jurisdiction of a district court, without which the court is powerless to proceed to an adjudication." Jankovic v. Int'l Crisis Grp., 494 F.3d 1080, 1086 (D.C. Cir. 2007) (cleaned up). Personal jurisdiction comes in two flavors: general and specific. General jurisdiction allows the Court to hear any claim against the defendant, no matter where it arises. See Livnat, 82 F. Supp. 3d at 25. Specific jurisdiction, by contrast, allows the Court to hear only those claims that "arise[] out of or relate[] to the defendant's contacts with the forum." Geier v. Conway, Homer & Chin-Caplan, P.C., 983 F.Supp.2d 22, 31 (D.D.C. 2013). In either case, District of Columbia law must provide a statutory basis for personal jurisdiction. See Fed. R. Civ. P. 4(k)(1)(A)
Although Wright initially alleged that the Court could assert specific personal jurisdiction over Sheehy Ford, see Compl. ¶ 9 (citing D.C. Code § 13-423(a)(4)), she subsequently abandoned that position, see Opp'n at 2 ("The Plaintiff does not contest [Defendant's] contention that the District of Columbia lacks specific personal jurisdiction over Sheehy in this case."). The Court thus need not consider whether specific personal jurisdiction exists.
Two District of Columbia statutes confer general personal jurisdiction: D.C. Code § 13-422 and D.C. Code § 13-334. The first provision authorizes "personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, the District of Columbia as to any claim for relief." D.C. Code § 13-422. Sheehy Ford contends—and Wright does not contest—that it is domiciled in Maryland, organized under Delaware law, and maintains its principal place of business in Maryland. MTD at 1. As a result, personal jurisdiction cannot rest on § 13-422.
The second authorizes personal jurisdiction over a foreign corporation "doing business" in the District of Columbia. D.C. Code § 13-334(a); see also Rundquist, 798 F. Supp. 2d at 111, 111 n.7. Even so, as Sheehy Ford correctly points out, § 13-334(a) contains a "specific jurisdictional requirement" mandating that service must "be made in the District of Columbia." Gorman v. Ameritrade Holding Corp., 293 F.3d 506, 514 (D.C. Cir. 2002) (quoting Everett v. Nissan Motor Corp., 628 A.2d 106, 108 (D.C. 1993)). As a result, "a plaintiff who serves [a] corporation by mail outside the District is `foreclosed from benefitting from [§ 13-334(a)'s] jurisdictional protection.'" Id.
Rather than dismissing her case, Wright asks the Court to transfer it to the District of Maryland. She explains that her ADA claims would become time barred were the Court to dismiss them. Opp'n at 2, 12.
When presented with a case in which venue is improper, 28 U.S.C. § 1406(a) instructs district courts to "dismiss, 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 decision between the two is committed to the sound discretion of the court. Naartex Consulting Corp. v. Watt, 722 F.2d 779, 789 (D.C. Cir. 1983).
Here, both personal jurisdiction and venue would be proper in the District of Maryland.
The Court has little trouble concluding that transfer of this case to the District of Maryland is in the interest of justice. As discussed above, Wright alleges—and Sheehy Ford does not contest—that her ADA claims would be time-barred if the Court dismissed them. In Sinclair, the D.C. Circuit reversed a district court that refused to transfer a case after finding it lacked personal jurisdiction. 711 F.2d at 293 n.2. The Sinclair court emphasized that transfer was "particularly appropriate" because "without a transfer the cause of action would be barred by the running of the applicable statute of limitations." Id. at 294; see also Freedman, 139 F. Supp. 3d at 284 (applying Sinclair to transfer where dismissal for lack of personal jurisdiction would render claims time-barred). Similarly, transfer is appropriate here.
For all the above reasons, Defendant's Motion to Dismiss, ECF No. 8, is