Friedeberg v. Either Ms. Broderick or Ms. Bronson Whichever is the Resident…

Background

Donna L. Friedeberg brought the action without a lawyer in the Southern District of New York. The caption identifies the defendant as “EITHER MS. BRODERICK OR MS. BROSNON WHICHEVER IS THE RESIDENT WOMAN AT #15 RIPLEY PLACE, NORWICH, CT 06360.” In the body of the opinion, the defendant is identified as either Ms. Broderick or Ms. Bronson. Friedeberg had not signed her complaint, paid the filing fees, or submitted an application to proceed without prepaying those fees.

Venue analysis

The court applied 28 U.S.C. § 1391(b), the federal statute governing the proper location for a civil case. That statute generally permits a case to be filed where a defendant resides, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to the court’s authority.

The court determined that Friedeberg appeared to allege that the defendant resided in Connecticut. Because Connecticut is one federal judicial district, the District of Connecticut was a proper venue based on the defendant’s residence. The court also determined that the alleged events appeared to have occurred in Connecticut and that Friedeberg identified nothing showing that the events occurred in the Southern District of New York. The court therefore concluded that New York was not a proper venue and that the District of Connecticut was the only proper venue.

Ruling and effect

Under 28 U.S.C. § 1406, a court may dismiss a case filed in the wrong venue or, when justice requires, transfer it to a district where it could have been filed. The court transferred this action to the United States District Court for the District of Connecticut in the interest of justice.

The court directed the Clerk of Court to transfer the action. It left the question whether Friedeberg could proceed without prepaying fees to the transferee court, directed that no summons issue from the Southern District of New York, and stated that the order closed the action in that court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Chief United States District Judge Laura Taylor Swain signed the order.