Case Study: BNSF Vs. Doolittle

declined to employ Doolittle in the North Dakota position he sought. _____ Decl. ¶ _____.
The MEH Department’s decision that led to Doolittle not being hired was made in Fort Worth, Texas, where Dr. Jarrard works. _____ Decl. ¶ _____. All records that BNSF has reflecting the medical information collected by BNSF (or its contractor) about Doolittle for purposes of evaluating him for employment are maintained by BNSF in Fort Worth, Texas. Kowalkowski Decl. ¶ _____. Likewise, BNSF’s employment-related records relating to Doolittle as an applicant for a position at BNSF are maintained by BNSF in Fort Worth, Texas. Obermiller Decl. ¶ _____.
III. APPLICABLE LEGAL STANDARDS
Federal Rule of Civil Procedure 12(b)(2) authorizes the dismissal of an action

for lack of personal jurisdiction. Fed. R. Civ. P. 12(b)(2). To defeat a Rule 12(b)(2) motion, the plaintiff bears the burden of proving jurisdiction. OMI Holdings, Inc. v. Royal Ins. Co. of Canada, 149 F.3d 1086, 1091 (10th Cir. 1998). In determining if it has personal jurisdiction over the defendants, the court may consider affidavits and other documentary evidence submitted by the parties. TH Agric. & Nutrition, LLC v. Ace European Grp. Ltd., 488 F.3d 1282, 1286 (10th Cir. 2007).
Federal Rule of Civil Procedure 12(b)(3) authorizes the dismissal of an action for improper venue. Fed. R. Civ. P. 12(b)(3). “On a motion under Rule 12(b)(3), matters outside the pleadings may be considered by the district court.” Meyers v. Keycorp., 2008 WL 2557991, at *3 (W.D. Okla. June 23, 2008) (citing Pierce v. Shorty Small’s of