Patterson v. Daily Voice Headquarters

Background

Sharita Patterson, proceeding without a lawyer, brought claims for defamation, slander, harassment, stalking, and invasion of privacy. She invoked the court’s diversity-of-citizenship jurisdiction. Patterson alleged that she resides in New Jersey; that Daily Voice Headquarters is headquartered in Norwalk, Connecticut and is also located in New Jersey; and that Jerry DeMarco is a senior reporter. The opinion states that Patterson did not allege DeMarco’s residence or where the events giving rise to her claims occurred.

Venue analysis

Venue is the legally proper location for a federal lawsuit. Under 28 U.S.C. § 1391, venue may be proper where a defendant resides, where a substantial part of the relevant events occurred, or, in some circumstances, where a defendant is subject to the court’s authority. Because Patterson did not identify where the events occurred and did not state where DeMarco resides, the court said it was unclear where venue would be proper based on the events. The court nevertheless concluded that venue was proper in the District of Connecticut because Daily Voice Headquarters is headquartered there.

Transfer analysis

Under 28 U.S.C. § 1404(a), a court may transfer a case—even when the original venue is proper—to another district where the case could have been brought if the transfer would be more convenient for the parties and witnesses and would serve the interests of justice. The court considered that Patterson does not reside in the Southern District of New York, that the complaint did not suggest a connection between that district and the case, and that one defendant resides there. The court concluded that the District of Connecticut appeared to be the more convenient forum.

Ruling and effect

The court transferred the action to the United States District Court for the District of Connecticut and directed the Clerk of Court to complete the transfer. The order closes the case in the Southern District of New York. It also states that the transferee court will decide whether Patterson may proceed without prepaying fees, and that no summons will issue from the Southern District of New York. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order does not decide whether Patterson’s underlying claims are legally valid.