United States District Court, D. Arizona
THERESA BROOKE, a married woman dealing with her sole and separate claim, Plaintiff,
REGENCY INN-DOWNEY, LLC, a California limited liability company dba Regency Inn and Suites, Defendant.
Russel Holland United States District Judge
to Dismiss for Improper Venue
moves to dismiss plaintiff's complaint, or in the
alternative, to transfer the case to the Central District of
California. This motion is opposed. Oral argument
was not requested and is not deemed necessary.
is Theresa Brooke. Plaintiff alleges that she is a resident
of Pinal County, Arizona.
is Regency Inn - Downey, LLC, which owns and/or operates the
Regency Inn and Suites in Downey, California.
alleges that on July 1, 2017, she went to defendant's
website, www.regencyinnla.com, “for purposes of booking
a room later this year.” Plaintiff, who is
confined to a wheel chair, requires the use of an ADA
accessible room and she attempted to reserve such a room on
defendant's website. Plaintiff alleges that she
“entered her desired dates for” later in July,
“but the website only offered non-accessible rooms for
her desired dates.” Plaintiff alleges that she then
attempted to book dates two months out and four months out,
but the website did not offer any ADA accessible rooms for
these dates either.Plaintiff alleges that she “later
discovered on [d]efendant's website that it states as a
matter of fact that it does not accommodate reservations for
ADA accessible rooms via its online reservation
system.” Plaintiff alleges that defendant's
website informs a potential guest that the guest “must
call [d]efendant to reserve an ADA room.”
2, 2017, plaintiff commenced this action in which she asserts
a claim under Title III of the ADA,  which prohibits
discrimination by public accommodations. Plaintiff alleges
that defendant has violated Title III of the ADA because
“it has failed to make its website reservation system
fully and equally accessible to [p]laintiff and [other]
disabled persons.” More specifically, plaintiff
alleges that defendant “does not allow for the
reservation of ADA accessible rooms in the same manner and
during the same hours as a patron can reserve
now moves to dismiss plaintiff's complaint for improper
venue. In the alternative, defendant moves to transfer this
case to the Central District of California.
Federal Rule of Civil Procedure 12(b)(3), a defendant may
move to dismiss a complaint for improper venue.”
Omnicell, Inc. v. Medacist Solutions Group, LLC, 272
F.R.D. 469, 472 (N.D. Cal. 2011). “When considering a
motion to dismiss pursuant to Rule 12(b)(3), a court need not
accept the pleadings as true and may consider facts outside
of the pleadings.” Id. “Once the
defendant has challenged the propriety of venue in a given
court, the plaintiff bears the burden of showing that venue
is proper.” Id.
courts look to the venue provisions of 28 U.S.C. § 1391
to determine whether venue is proper.” Id.
Section 1391(b) provides:
A civil action may be brought in--
(1) a judicial district in which any defendant resides, if
all defendants are residents of the State in which ...