Case Study: BNSF Vs. Doolittle

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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

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