Stembridge v. Greyhound Lines Inc.

Background Everett H. Stembridge, proceeding without a lawyer, brought federal disability-discrimination claims against Greyhound Lines Inc. He alleged that a Greyhound bus driver discriminated against him during a 2023 trip from Flagstaff, Arizona, to Phoenix, Arizona. Stembridge filed the action in the Southern District of New York and provided Greyhound addresses in Dallas, Texas, and New York, New York.

Venue analysis The court explained that federal law generally permits a civil case to be filed where the defendant resides, where a substantial part of the relevant events occurred, or, in limited circumstances, where the defendant is subject to the court’s personal jurisdiction. The complaint did not provide facts showing that Greyhound could be treated as residing in the Southern District of New York. The court found that all alleged events occurred in Arizona, with Flagstaff and Phoenix within the District of Arizona. It therefore stated that Arizona appeared to be the only proper venue, or at least the most appropriate venue.

Ruling The court transferred the action to the United States District Court for the District of Arizona under 28 U.S.C. §§ 1404(a) and 1406(a). Section 1406 allows transfer when a case was filed in the wrong venue if transfer serves the interests of justice; Section 1404 allows transfer for convenience and the interests of justice even when venue is proper. The clerk was directed to transfer the case, no summons was to issue from the New York court, and the case was closed in that district. The Arizona court was left to decide whether Stembridge could proceed without paying the filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. The opinion did not decide the merits of the disability-discrimination claims or identify the specific statute supporting them.