Watson v. Bongiorno

Background

Marcella Watson brought this action without a lawyer under the court’s jurisdiction for disputes between citizens of different states, asserting claims under state law against Richard Bongiorno, Esq., Andrew J. Camacho, Esq., and The Bongiorno Law Firm, PLLC. The opinion states that Watson currently resides in Boone, North Carolina and previously resided in Queens County, New York.

Watson did not provide residential addresses for the individual defendants. She alleged that they worked at the Bongiorno Law Firm, whose principal office she alleged was in Garden City, Nassau County, New York. She also alleged that the defendants violated her rights while she was living in Queens County and while they represented her in a personal-injury action in a Queens County court.

Venue and Transfer

The court explained that venue is governed by 28 U.S.C. § 1391. It found that Queens County and Nassau County are both in the Eastern District of New York. Watson alleged no facts suggesting that events giving rise to her claims occurred in the Southern District of New York. The court stated that, even assuming the individual defendants resided in the Southern District and venue was proper there, venue would also be proper in the Eastern District under the provision covering the district where a substantial part of the events occurred.

The court then applied 28 U.S.C. § 1404(a), which permits transfer to another district where the case could have been brought when transfer would serve the convenience of the parties and witnesses and the interests of justice. The court concluded that transfer appeared appropriate because the underlying events occurred in Queens and Nassau Counties, where the defendants worked and Watson previously resided. It also found it reasonable to expect that relevant documents and witnesses would be in those counties.

Disposition

The court directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York. The order closes the case in the Southern District of New York. A summons was not to issue from that court, and the transferee court must decide whether Watson may continue without prepaying fees. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.