CLAY D. LAND, Chief District Judge.
The Court held a telephone conference in this action to seek clarification on Plaintiffs' allegations and to discuss the parties' pending motions. During the telephone conference, Plaintiffs' counsel clarified that Plaintiffs Nam Hyup Kang and Hyang Ho Lee allege that they are former employees of the grocery businesses Benning GF, LLC and Super Giant Mart.
Defendants filed a motion to dismiss Plaintiffs' claims. At the telephone conference, Plaintiffs' counsel agreed that all of Plaintiffs' claims against Forest Park Produce of Alabama, Inc., John Yim, James Yim, and Angela Yim should be dismissed. Those claims are therefore dismissed.
Defendants also assert that the claims related to the employment practices at Super Giant Mart should be dismissed for improper venue.
Defendants do not dispute that venue is proper in this Court for the claims based on the employment practices at Benning GF, LLC. But Defendants argue that venue is not proper in this Court for the claims based on the employment practices at Super Giant Mart, which is undisputedly located in the Northern District of Georgia and whose alleged decisionmaker, Sang Yim, lives in the Northern District. Plaintiffs argue that 28 U.S.C. § 1391(b) permits them to bring separate claims against separate defendants in the Middle District of Georgia as long as all of the defendants reside in Georgia and one of the defendants resides in the Middle District. Plaintiffs are correct that § 1391(b) permits an action to be brought in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located. . . ." But when the claims are severed because of misjoinder, they are treated as separate actions. Hofmann v. De Marchena Kaluche & Asociados, 642 F.3d 995, 998 (11th Cir. 2011) (per curiam) ("A severed claim under Rule 21 proceeds as a discrete suit."). Plaintiffs did not cite any authority for the proposition that § 1391 extends venue to claims that are misjoined and severed under the circumstances presented here.
It is clear that no independent basis for venue exists over the severed claims against Super Giant Mart and Sang Yim. Super Giant Mart is not a resident of the Middle District of Georgia. Nor is its alleged decisionmaker, Sang Yim. And, as previously explained, Plaintiffs' claims based on the employment practices at Super Giant Mart do not arise out of the same nucleus of operative facts as their claims regarding the employment practices at Benning GF, LLC. Because venue is not proper for the claims against Super Giant Mart and Sang Yim, those claims are dismissed. See 28 U.S.C. § 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall 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.").
As discussed above, Defendants' motion to dismiss (ECF No. 16) is granted in part and denied in part. The following claims are severed and dismissed without prejudice: Plaintiffs' claims against Forest Park Produce of Alabama, Inc., Super Giant Mart, John Yim, James Yim, Angela Yim, and Sang Yim. The only remaining claims are those based on the employment practices at Benning GF, LLC. The Court finds that Plaintiffs' First Amended Complaint sufficiently alleges FLSA violations based on those employment practices, so those claims are not dismissed.
Plaintiffs' Motion to Amend (ECF No. 15) is granted to the extent that Plaintiffs shall be permitted to add Jaehan Kim as a Defendant and may substitute Hee Jeang Kim for pseudonym Defendant Jane Doe.
Finally, the parties' joint motion for an extension of time to complete discovery (ECF No. 22) is granted. Discovery shall close on February 22, 2017, and dispositive motions are due on or before April 7, 2017.
IT IS SO ORDERED.