Kenyatta v. Hall

Background

Charles Kenyatta Jr., who is incarcerated at Lakeview Shock Incarceration Correctional Facility, brought this self-represented action against Shanae Hall and Party Life Productions LLC. He asserts federal trademark-infringement and unfair-competition claims, along with state-law claims, and seeks damages and injunctive relief.

Venue question

The court examined venue, meaning the federal district where a case may properly be filed. Under 28 U.S.C. § 1391(b), venue may generally be 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.

Kenyatta did not state where either defendant is located. But a proposed summons attached to the complaint appears to indicate that the defendants reside in Ocoee, in Orange County, Florida. Orange County is within the Middle District of Florida. The complaint also includes promotional images that appear to show that at least some events underlying the claims occurred in Jacksonville, in Duval County, Florida, which is also within the Middle District of Florida.

Although Kenyatta alleged that the defendants conduct business in the Southern District of New York and that substantial events occurred there, the court found that he supplied no facts supporting those allegations. The court therefore stated that the Middle District of Florida appears to be the proper venue, or at least the most appropriate venue.

Order

Under 28 U.S.C. § 1406(a), a court may dismiss a case filed in the wrong venue or, if justice requires, transfer it to a district where it could have been brought. Under § 1404(a), a court may also transfer a case from a proper venue for the convenience of the parties and witnesses and in the interest of justice.

Because Kenyatta is self-represented and alleged—without supporting facts—that events occurred in New York, the court did not immediately transfer the case. Instead, Judge John G. Koeltl directed Kenyatta to show cause within 30 days why the action should not be transferred to the Middle District of Florida. Kenyatta may respond using the declaration form attached to the order. No summonses will issue at this point.

The order states that if Kenyatta does not respond within the allowed time, the court will transfer the action to the Middle District of Florida. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying appeal fees for purposes of an appeal.