Jones v. Bank of New York Mellon Trust Company

Background

Tyrone C. Jones, who is incarcerated in Fort Lauderdale, Florida, proceeded without a lawyer and was allowed to proceed without paying the filing fee. He filed a second amended complaint based on diversity-of-citizenship jurisdiction against Bank of New York Mellon Trust Company and Ocwen Loan Servicing, LLC.

Jones alleged that he signed an agreement involving Citi Financial Group and the Mortgage Asset Management Series One Trust concerning real property at 1621 Seabreeze Blvd. in Fort Lauderdale. He also alleged that he signed and delivered a certificate of corporate share to Bank of New York Mellon Trust Company. After traveling to inspect the property, he discovered that it was occupied. He attributed losses and the loss of his liberty to the defendants' alleged reckless and fraudulent conduct. He sought damages, an order voiding the stock transfer certificate, and an order barring the defendants from using the certificate to raise their valuation.

The opinion also described related proceedings in Florida. Jones had previously obtained a default judgment in a Florida state-court action to quiet title, but that court later allowed Bank of New York Mellon Trust Company to intervene and vacated the default judgment. The state-court matter appeared to remain pending. The opinion also noted that Jones was incarcerated on criminal charges connected to the same property and other Florida properties.

Venue analysis

The court explained that venue may be proper where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction. The court assumed that venue could be proper in the Southern District of New York based on Jones's allegation that the defendants reside there. It also concluded that venue was proper in the Southern District of Florida because the events underlying the claims occurred in Fort Lauderdale.

The court applied the federal transfer statute, which allows a court to transfer a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. The court identified several reasons supporting transfer: the property was in Florida; Jones's related criminal proceedings were pending there; Jones and the defendants had litigated related issues in Florida state court; Jones did not reside in New York; and relevant documents and witnesses could reasonably be expected to be in Fort Lauderdale. The court therefore found the Southern District of Florida to be the more convenient forum.

Disposition

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Southern District of Florida. The court stated that a summons would not issue from the Southern District of New York and that the order closed the case there. The court also certified that any appeal would not be taken in good faith and denied Jones permission to appeal without paying the required fees. The opinion did not decide the merits of Jones's underlying claims.