Duncan v. Consumer Financial Protection Bureau

Background

Duncan brought this action without a lawyer against the Consumer Financial Protection Bureau (CFPB) in the Southern District of New York. The opinion identifies Duncan as a South Carolina resident and the CFPB as a federal agency based in Washington, D.C. Duncan alleged that the events underlying his claims occurred in South Carolina.

Venue and Transfer Analysis

The court explained that federal venue law permits a civil action to be filed where a defendant resides, where a substantial part of the relevant events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. The court concluded that venue would be proper in the District of South Carolina because the events giving rise to Duncan’s claims occurred there.

The court then applied 28 U.S.C. § 1404(a), which permits transfer to another proper federal district for the convenience of the parties and witnesses and in the interest of justice. The court found that the underlying events occurred in South Carolina, where Duncan resides, and stated that it was reasonable to expect the relevant documents and witnesses also would be there. It concluded that the District of South Carolina appeared to be the more convenient forum.

Disposition

The court transferred the action to the United States District Court for the District of South Carolina. The clerk was directed to carry out the transfer, and the order stated that the New York case was closed. The court also directed that a summons would not issue from the Southern District of New York. It left the question whether Duncan could proceed without prepaying filing fees to the transferee court—the South Carolina court receiving the case.

The court certified that any appeal from the transfer order would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not decide the underlying claims against the CFPB.