when a Columbia graduate, interested in Columbia's athletic recruitment program, referred plaintiff to a lawyer apparently willing to proceed without a retainer or payment of fees in advance. He, in turn, apparently arranged for the appearance of witnesses without payment of fees in advance. Hence, the delay has been adequately explained. Also responsible for the delay was plaintiff's understandable desire to first determine whether he was satisfied with Columbia's academic program and whether he could satisfactorily handle it before proceeding with the litigation.
Finally, since plaintiff invokes jurisdiction pursuant to the Rehabilitation Act and claims that defendant, an out-of-state corporation, has deprived him of rights secured by that statute, venue is controlled by 28 U.S.C. 1391(b) and (c). Defendant, arguing that venue is improper in the Eastern District of Pennsylvania, urges dismissal without prejudice or transfer to an appropriate court in New York.
Clearly, venue is not proper under Section 1391(b), which permits suits not founded upon diversity to be brought only in the judicial district where all defendants reside, where the claim arose or as otherwise provided by law. Here, the wrongful discrimination occurred in New York and venue in the Eastern District of Pennsylvania is improper. However, venue is proper and properly found under Section 1391(c), which provides that a corporation may be sued in any judicial district in which it is "doing business." This requirement demands a greater quantum of contacts than suffices to establish jurisdiction. See J. M. L. Trading Corp. v. Marine Salvage Corp., 501 F. Supp. 323, 324 (E.D.Pa.1980), Trinity Metals v. Andy International, 424 F. Supp. 966, 968 (E.D.Pa.1977).
Here, defendant's contacts with Pennsylvania consist of a regular, systematic recruitment program which included use of university alumni, personal visits by Columbia coaches to the homes and schools of prospective students and "get togethers" arranged by alumni, and involved coaches and prospective students-athletes with their parents at local Holiday Inns. Defendant's active recruitment of plaintiff in this case involved visits by Columbia's assistant football coaches to plaintiff's high school in February of 1980, which was followed by a Columbia-arranged and -financed flight from Allentown, Pennsylvania to New York to afford plaintiff the opportunity to see Columbia's campus.
Subsequently, plaintiff and his parents had a "get together" with the football team's coaching staff and "about eight" other prospective Columbia students at a Holiday Inn. These contacts in Pennsylvania are further supplemented by a series of telephone calls and one or two other visits to Pennsylvania. Columbia's recruitment efforts finally came to fruition when plaintiff executed a grant-in-aid package sent to him in Pennsylvania from New York. Since these transactions by Columbia in Pennsylvania are not "isolated," then venue is, we believe, proper. See J. M. L. Trading Corp. v. Marine Salvage Corp., 501 F. Supp. at 322.
Accordingly, we will grant the plaintiff's motion for a temporary restraining order, and the following order will be entered: AND NOW, this 7th day of August, 1981, upon consideration of plaintiff's motion for a temporary restraining order and defendant's response thereto, it is ordered that the motion is GRANTED. It is further ordered that the defendant, Columbia University, is temporarily enjoined from denying plaintiff the opportunity of participating in the intercollegiate football program because of his visual handicap.
That concludes the opinion.
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