Ogando v. Napolitano

Background

Luis E. Ogando, proceeding without a lawyer, filed an action in the Southern District of New York concerning a mortgage loan on a house in Middle Village, Queens County. The complaint named John J. Napolitano, Wendy Moya, Carlos Mateo, Peter Goldberg, Shuki Hoori, La Salle Bank N.A., Central Mortgage Company, Alliance Mortgage Corp., and the Supreme Court of the State of New York, Queens County, as defendants. Ogando alleged violations of due process and provisions of the Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act, the Consumer Credit Protection Act, and the Truth-in-Lending Act.

Venue and Transfer Analysis

The court explained that federal venue generally is proper where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. Based on the complaint, the court concluded that the events or omissions underlying the claims arose outside the Southern District of New York. It also stated that venue did not appear proper under the residence-based provision because only one defendant appeared to reside in that district.

The court separately applied 28 U.S.C. § 1404(a), which permits transfer to another district for the convenience of the parties and witnesses and in the interest of justice, even when venue is proper in the original district. The court found transfer appropriate because the property was in Queens County; Ogando and three defendants resided there; another defendant resided in Oyster Bay, in Nassau County; and both counties are within the Eastern District of New York. The court also relied on the extensive state-court litigation concerning the property and the expectation that relevant documents and witnesses would be located in the Eastern District.

Disposition

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York under § 1404(a). The court stated that the transferee court would decide whether Ogando could proceed without prepaying fees, directed that no summons issue from the Southern District, and closed the case there. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The opinion did not decide the merits of Ogando’s underlying claims.