Doe v. Jetblue Airways Corp.
| Decision Date | 03 August 2021 |
| Docket Number | Civil Action 20-cv-11623-ADB |
| Parties | JANE DOE # 1 and JANE DOE # 2, Plaintiffs, v. JETBLUE AIRWAYS CORPORATION, ERIC JOHNSON, and DAN WATSON, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Jane Doe # 1 and Jane Doe # 2 (collectively “Plaintiffs”) assert various claims against JetBlue Airways Corporation (“JetBlue”), Eric Johnson, (“Johnson”), and Dan Watson (“Watson, ” and, together with JetBlue and Johnson, “Defendants”) in connection with an alleged sexual assault and attempted sexual assault that occurred during a layover in San Juan, Puerto Rico. [ECF No 46 (“SAC”)]. Currently before the Court are Defendants' motions to dismiss Plaintiffs' second amended complaint, [ECF Nos. 62 (JetBlue), 64 (Watson), 66 (Johnson)], and Plaintiffs' motion to proceed under pseudonyms, [ECF No. 72]. For the reasons set forth below Watson and Johnson's motions to dismiss for lack of personal jurisdiction are DENIED in favor of transfer, and the case will be transferred to the District of Puerto Rico. Because the Court lacks jurisdiction over Watson and Johnson it will not address the remaining arguments raised in Defendants' motions to dismiss or in Plaintiffs' motion to proceed under pseudonyms. Accordingly, those motions are DENIED without prejudice.
The following facts are drawn from the second amended complaint, [SAC], the well-pleaded allegations of which are taken as true for the purposes of evaluating the motion to dismiss. See Ruivo v. Wells Fargo Bank, N.A., 766 F.3d 87, 90 (1st Cir. 2014).
Plaintiffs are JetBlue flight attendants based out of Logan International Airport (“Logan”) in Boston, Massachusetts. [SAC ¶¶ 2, 9]. JetBlue is a corporation with its principal place of business in New York, and business locations in both Massachusetts and Puerto Rico. [Id. ¶¶ 7, 11]. Johnson and Watson are Boston-based JetBlue pilots who regularly worked out of Logan. [Id. ¶¶ 3, 10]. They each reported to Boston-based managers, were subject to Boston-based labor relations practices, and “accept[ed] employment conditioned upon training and policies in Massachusetts for sexual harassment.” [Id. ¶ 3].
On or about May 9, 2018, Plaintiffs worked a flight from Washington, DC to San Juan, Puerto Rico with a scheduled return flight to Newark, New Jersey after a layover in Puerto Rico. [SAC ¶¶ 12, 40]. They arrived in San Juan around 1 PM. [Id. ¶¶ 12, 40]. While in San Juan, the Plaintiffs, along with a third crewmember who is not a party to this lawsuit (“Jane Doe # 3”), checked into their hotel and then went to the beach to relax. [Id. ¶¶ 13, 42]. Plaintiffs and Jane Doe # 3 noticed Johnson and Watson who were also at the beach and began talking to them. [Id. ¶¶ 15, 43]. During the conversation, they learned that Watson and Johnson were both pilots for JetBlue. [Id.]. As they talked, Johnson handed Jane Doe #1 an open beer from his lunch box. [Id. ¶¶ 16, 44]. Plaintiffs and Jane Doe # 3 all drank from the beer can. [Id.].
The beer from Johnson's lunch box was laced with a drug, and “the rest of the night became a blur” for Plaintiffs and Jane Doe #3. [SAC ¶¶ 16, 44]. Jane Doe # 1 does not remember leaving the beach or getting back to the hotel. [Id. ¶ 17]. The next thing she remembers from that day is being raped by Johnson while in a bed with Jane Doe # 3. [Id. ¶ 18]. Because she was under the influence of the drug, Jane Doe # 1 knew that she was being raped, but was unable to react to the situation. [Id.]. She also remembers Johnson having sexual intercourse with Jane Doe # 3, who was also under the influence of the drug. [Id.]. Watson was not present during the rape, having left the group earlier in the day. [Id. ¶ 27].
Jane Doe # 2's next clear memory after drinking from the beer can is being in the hotel's elevator. [SAC ¶ 45]. She is not sure how she got to the elevator or left the beach. [Id.]. While on the elevator, she recalls Johnson saying, “we'll take [Doe # 2] up to her floor first.” [Id.]. She thought this statement was odd because her room was on a higher floor than her fellow crewmembers. [Id.]. Although Johnson and Watson drugged Jane Doe # 2 and intended to rape her, they never did because she began vomiting and continued to vomit throughout the night. [Id. ¶¶ 45-46].
The next morning, Jane Doe # 1 felt groggy and numb. [SAC ¶ 19]. Jane Doe # 2 also felt a sleepiness which she had “never felt in her life” and was “in a weird out of body fog.” [Id. ¶ 47]. After boarding their return flight to Newark, Jane Doe #1 discussed the previous night with Jane Doe # 3. [Id. ¶ 19]. They were both stunned by what had happened. [Id.]. Jane Doe # 2 and Jane Doe # 3 were nauseous and vomited during the flight. [Id.].
After arriving in Newark on May 10, 2018, Plaintiffs and Jane Doe # 3 met up to figure out what had happened the night before. [SAC ¶¶ 21, 48]. They discussed that they all felt nausea and dizziness, had memory loss, vomiting, and did “not feel[ ] a reaction to the events” from the previous night. [Id. ¶ 21]. These symptoms all occurred right after drinking from Johnson's beer can. [Id.]. After some research, they determined that their symptoms were consistent with them having been drugged by “rape drugs.” [Id.].
Also on May 10, 2018, Jane Doe # 1 contacted Johnson because she was afraid that she had been exposed to a sexually transmitted disease (“STD”) during the rape. [SAC ¶ 20]. After Johnson replied to her email, Jane Doe # 1 asked him if he had any STDs and Johnson replied that he would get tested. [Id. ¶ 22].
On or around May 11, 2018, Jane Doe # 1 flew home and went to the hospital immediately upon landing. [SAC ¶ 23]. She informed the hospital that she had been drugged and sexually assaulted, and asked to be tested for drugs. [Id.]. She was tested and was given medicine to help prevent STDs. [Id.]. The hospital reported the incident to the police, and the police prepared a report. [Id.]. Jane Doe #1 later learned from her doctor that she had contracted human papillomavirus (“HPV”). [Id. ¶ 25]. Because Plaintiff had previously tested negative for STDs, the only way she could have contracted HPV was from Johnson. [Id.].
Jane Doe # 1 reported the sexual assault, rape, and gender discrimination to JetBlue at its New York corporate headquarters. [SAC ¶ 24]. Although JetBlue investigated the matter, it did not take any corrective action against Johnson or Watson in response to Jane Doe # 1's complaint. [Id. ¶ 29]. Jane Doe # 2 also reported to JetBlue that Johnson and Watson had given her drugged beer and intended to rape and assault her. [Id. ¶¶ 51, 62].
Plaintiffs believe JetBlue's investigation was inadequate because JetBlue failed to (1) investigate relevant witnesses; (2) review relevant documents and “scrutinize” Johnson and Watson's expense records during layovers; and (3) provide Plaintiffs with Johnson and Watson's statements. [SAC ¶ 70]. JetBlue has not terminated Johnson or Watson and has not guaranteed that Plaintiffs will not encounter Johnson or Watson while on duty. [Id. ¶¶ 29, 71-72]. In order to avoid Johnson and Watson, Plaintiffs have opted out of working any flights on a certain type of aircraft, the Embraer E190, because Johnson and Watson also work those flights. [Id. ¶¶ 30, 52]. Avoiding these flights prevents Plaintiffs from working on over 750 flights, which has resulted in a loss of seniority status and financial opportunities. [Id.].
Jane Doe # 1 also tries to avoid layovers unless she feels very comfortable and safe with the crew, remains “constantly vigilant, ” and does not have more than one alcoholic drink. [SAC ¶ 32]. She avoids layovers in San Juan in particular and when she does have the occasional layover in San Juan, she tries not to interact with the crew or leave her hotel room to avoid encountering Johnson or Watson. [Id. ¶ 31]. She also avoids crew lounges outside of New York and looks up Watson and Johnson's schedules to determine if her flight plans overlap with theirs. [Id. ¶ 33]. Around February 2019, Jane Doe # 2 encountered Johnson in the employee break room in San Juan while she was eating lunch with her crewmates. [Id. ¶ 53]. She began to panic and had to quickly leave the room. [Id.].
As a result of Defendants' actions, Plaintiffs felt humiliated, embarrassed, victimized, degraded, and emotionally distressed. [SAC ¶¶ 37, 57]. They have also experienced a loss of income and other compensation associated with their employment. [Id. ¶¶ 38, 58].
Plaintiffs originally filed suit in the Eastern District of New York on March 18, 2019. [ECF No. 1]. Plaintiffs amended their complaint on September 24, 2019. [ECF No. 20]. JetBlue moved to dismiss the amended complaint or, in the alternative, to transfer venue. [ECF No. 34]. Watson and Johnson also moved to dismiss the amended complaint. [ECF Nos. 30 (Johnson), 35 (Watson)]. On August 11, 2020, the Eastern District of New York court transferred the case to the District of Massachusetts after finding that it did not have venue. [ECF No. 37]. On September 3, 2020, this Court allowed Plaintiffs to file a second amended complaint and Defendants to renew their motions to dismiss. [ECF No. 40]. Plaintiffs filed their second amended complaint on September 25, 2020. [SAC].
Plaintiffs' second amended complaint asserts twenty state and federal claims: (1) claims against JetBlue under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C § 2000e et seq. (Counts I-II), [SAC ¶¶ 73-78]; (2) claims against Defendants under multiple New York state and New York City laws (Counts III-X, XII-XIII), [id. ¶¶ 79-104, 107-22]; (3) a claim against Watson and Johnson for assault and battery...
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