United States District Court, D. Connecticut
RULING AND ORDER ON MOTION TO DISMISS OR, IN THE
ALTERNATIVE, TO TRANSFER VENUE
A. BOLDEN UNITED STATES DISTRICT JUDGE
LeFevre (“Plaintiff”) filed a Complaint in this
Court against Fishers Island Ferry District (“Ferry
District”), the Town of Southold, and, in their
official and individual capacities, William R. Bloethe, II,
Peter Rugg, Diana Shillo, and Andrew Ahrens (together,
“Individual Defendants”). Compl., ECF No. 1.
October 12, 2017, the Town of Southold moved to dismiss or,
in the alternative, to transfer venue to United States
District Court for the Eastern District of New York
(“Eastern District of New York”), arguing that
the Court lacks personal jurisdiction. First Mot. to Dismiss,
ECF No. 25.
November 11, 2017, the Individual Defendants moved to dismiss
the Complaint, arguing that the Court lacks personal
jurisdiction. Second Mot. to Dismiss, ECF No. 38.
following reasons, the motions are DENIED as
FACTUAL AND PROCEDURAL BACKGROUND
LeFevre, who lives in Connecticut, allegedly worked for the
Fishers Island Ferry District from 2007 until October 15,
2015, in Suffolk County, New York. Compl. ¶¶ 11,
Fishers Island Ferry District, a municipal corporation
located in Suffolk County, New York, is operated by a Board
of Commissioners and fiscally overseen by the Town of
Southold. Id. ¶ 11. Bloethe, Rugg, Shillo, and
Ahrens allegedly were elected Commissioners for the Fishers
Island Ferry District's Board. Id. ¶¶
2007, the Fishers Island Ferry District allegedly hired Mr.
LeFevre to work as a “Ticket Agent/Freight
Agent.” Id. ¶¶ 17-18. In 2013, Mr.
LeFevre allegedly was diagnosed with Type II Diabetes and
Sleep Apnea. Id. ¶ 19. Mr. LeFevre alleges that
he made the Ferry District aware of his diagnoses and that he
needed to work “with consistent hours in order for him
to control his food intake.” Id. ¶ 20.
Mr. LeFevre allegedly requested to be scheduled from 6 a.m.
until 2 p.m. to help regulate his sleep cycles and glucose
levels. Id. ¶ 21.
beginning of April 2014, Nick Espinoza, a scheduler for the
Ferry District, allegedly scheduled Mr. LeFevre to work forty
hours over six days per week with shifts that would occur at
different times throughout the week. Id.
¶¶ 22-23. Mr. Espinoza also allegedly scheduled Mr.
LeFevre to work from 12 p.m. until 10:15 p.m. on every other
Friday. Id. ¶ 23.
LeFevre alleges that the inconsistency in his working
schedule caused “dangerous elevations” of his
glucose levels and affected his sleep apnea. Id.
¶¶ 24-25. Around October 1, 2014, Mr. LeFevre
allegedly informed Roland Burns, Operations Manager for
District, that his varying work schedule led to difficulties
in his ability to regulate his glucose levels during his
working shift and worsened his sleep apnea. Id.
¶¶ 22, 26. Mr. LeFevre allegedly visited an
emergency room, which showed “dangerous elevations in
LeFevre's glucose.” Id. ¶ 28. After his
visit to the emergency room, Mr. LeFevre allegedly informed
Mr. Burns of his health issues and requested not to work
evening shifts. Id. ¶ 29. Mr. Burns allegedly
told Mr. LeFevre to appear to his scheduled evening shift on
Friday October 3, 2014. Id. ¶ 30.
October 3, 2014, at approximately 3 p.m., Mr. LeFevre
allegedly became ill and told Mr. Burns he needed to leave
work. Id. ¶ 31. Mr. Burns allegedly denied Mr.
LeFevre medical leave from his shift on October 3, 2014, and
instead sent Mr. LeFevre home on an unpaid suspension for
insubordination and disruptive behavior. Id. ¶
November 14, 2014, Mr. LeFevre allegedly was notified that
the Ferry District filed charges against him. Id.
¶ 33. A hearing allegedly took place on June 23 and June
24, 2015. Id. ¶ 34. On September 11, 2015, the
Hearing Officer allegedly issued a decision recommending that
Mr. LeFevre be dismissed. Id. On October 23, 2015,
the Ferry District's Board, including the Individual
Defendants, allegedly accepted the Hearing Officer's
recommendation and passed a resolution to terminate Mr.
LeFevre as an employee “‘effective October 12,