Trottier v. Knapp

Background

Katherine Mary Trottier sued Gordon Knapp and other defendants. The opinion states that the case was one of 140 cases initiated by Hank Falstad, who identified himself as an Americans with Disabilities Act architect. The court had previously required Trottier to file an amended complaint signed by her or by a licensed attorney and to either pay the filing fee or submit an application to proceed without paying it. Trottier submitted the application but did not file a properly signed complaint.

Venue analysis

Federal law permits a civil case to be filed in certain districts, including a district where the defendants reside under specified conditions, where a substantial part of the events or property involved is located, or, in some circumstances, where a defendant is subject to personal jurisdiction. The court concluded that Nevada was not a proper venue. It noted that the defendants did not all reside in Nevada; for example, one defendant was identified as the manager of a Firestone location in Minnesota. The court also found no connection between Nevada and the events, omissions, or property involved in the case. Instead, Minnesota appeared to be the only district connected to the allegations.

Disposition

Under the federal venue-transfer statute, a court may transfer a case filed in the wrong district to a district where it could have been brought. The court ordered the Clerk of Court to transfer the matter to the District of Minnesota and ordered that the case be closed in the District of Nevada. Judge Nancy J. Koppe expressly stated that the court was not deciding whether or how the case should proceed concerning the unsigned complaint, the pending application to proceed without paying the filing fee, or any other issue. The order therefore did not address the merits of the claims.