Polyhelper.ai LLC v. United States of America

Background

Polyhelper.ai LLC brought this action against the United States in the Southern District of New York. The opinion states that the company’s principal place of business is in Brooklyn, New York. The company alleged that venue was proper in the Southern District because Brooklyn is within that district.

Venue and Transfer

The court explained that the general venue statute allows a civil action to be filed in specified districts, including a district where a substantial part of the events giving rise to the claim occurred. For venue purposes, an entity that can sue and be sued resides in any district where it is subject to personal jurisdiction for the action.

The court rejected the plaintiff’s venue allegation because Brooklyn is in Kings County, and Kings County is within the Eastern District of New York. The court further concluded that transfer was appropriate under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. The court stated that the plaintiff appeared to have selected the Southern District in error and that the Eastern District appeared to be a more convenient forum.

Ruling

The court transferred the action to the United States District Court for the Eastern District of New York. It directed the clerk to transfer the case and ordered that a summons not issue from the Southern District.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. In a footnote, the court stated that a limited liability company cannot proceed without a lawyer and cannot receive permission to proceed without paying filing fees, because only a natural person may receive that status.