Rylander v. INTERCONTINENTAL TERMINALS COMPANY LLC

Background

Yucob Rylander, proceeding without a lawyer, brought this action against Intercontinental Terminals Company LLC (ITC) and Brent Coon and Associates (BCA). He invoked federal and New York State law. His requested relief included a declaration that orders in an earlier related proceeding were void because of alleged procedural and constitutional violations; reopening another closed action under Rule 60(b)(3) and (6) and the All Writs Act; declaring a release void because of alleged fraudulent inducement; permission to amend his complaint against ITC for negligence, gross negligence, and fraudulent concealment; disgorgement of settlement funds; more than $5 million in compensatory damages; punitive damages under Texas law; and referral of counsel for disciplinary action.

Venue analysis

The court applied 28 U.S.C. § 1391(b), which generally allows a federal civil action to be filed where a defendant resides, where a substantial part of the relevant events occurred, or, if neither applies, where a defendant is subject to personal jurisdiction. The court said it was unclear whether the Southern District of New York was a proper venue because Rylander had not shown that BCA resided in New York and had provided little or no information showing that events occurred there.

Rylander resides in Houston, Texas, within the Southern District of Texas. The court concluded that the Southern District of Texas was a proper venue because Rylander appeared to allege that a substantial part, if not all, of the events underlying his claims occurred there.

Transfer and disposition

Under 28 U.S.C. § 1404(a), a federal court may transfer a case to another federal district where it could have been brought when transfer would promote the convenience of the parties and witnesses and the interests of justice. The court determined that transfer appeared appropriate because relevant documents and witnesses were reasonably expected to be located in the Southern District of Texas. It therefore directed the Clerk to transfer the action there.

The order closes the action in the Southern District of New York. It states that the transferee court will decide whether Rylander may proceed without prepaying fees, and summonses will not issue from the New York court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion does not decide the merits of Rylander’s underlying claims.