Song v. Rand Corp.

Background

Eugenia Song filed this self-represented action in the Southern District of New York, invoking diversity jurisdiction. She seeks injunctive relief and damages from Rand Corp. Song alleges that she resides in Philadelphia, Pennsylvania, and that Rand Corp. is located in Santa Monica, California, is incorporated in California, and has principal places of business in California and the “Washington, D.C. area.”

Venue analysis

The court applied 28 U.S.C. § 1391(b), the general federal venue statute. It explained that a civil action may generally be brought where a defendant resides, where a substantial part of the events or omissions occurred, or, if neither of those options applies, where the defendant is subject to personal jurisdiction.

Based on Song’s allegations, the court concluded that Rand Corp. appeared to reside in the Central District of California for venue purposes. The court also noted that Song did not identify where a substantial part of the events occurred. Her allegations appeared to involve Philadelphia, Columbia University in New York, and Rand Corp.’s location in Santa Monica, so the court could not determine which districts might qualify under the events-based venue provision.

Transfer ruling

Under 28 U.S.C. § 1404(a), a court may transfer a case to another federal district where it could have been brought when doing so would serve the convenience of the parties and witnesses and the interests of justice. The court determined that transfer to the Central District of California was appropriate. It relied on Rand Corp.’s apparent residence there, Song’s apparent allegation that some relevant events occurred there, and the reasonable expectation that relevant documents and witnesses would be located there.

The court ordered the Clerk to transfer the action to the United States District Court for the Central District of California. It stated that the receiving court would decide whether Song could continue without prepaying fees and whether she could file documents electronically. The Southern District of New York closed the action in that court, directed that no summons issue there, and terminated all pending requests and motions without prejudice to the receiving court’s decisions on them. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.