Colacino v. Davis
- Vincent Briccetti
- 7:19-cv-09648
- U.S. District Court · Southern District of New York
- 3
In Colacino v. Davis, Judge Briccetti transferred the case to the Western District of New York because venue was improper in the Southern District.
The transfer affected James Colacino, Colacino Industries, Inc., and Mike Davis by moving the case from the Southern District of New York to the Western District of New York. The order did not resolve the underlying claims.
What happened
Colacino v. Davis was brought by James Colacino and Colacino Industries, Inc. against Mike Davis. Davis removed the case from New York state court to the Southern District of New York.
The court asked the parties whether venue was proper there. Davis said venue was improper because he lived in Wayne County and the events underlying the claims occurred there; the plaintiffs did not dispute those statements.
Judge Briccetti ordered the case transferred to the Western District of New York under the federal venue statute, finding that transfer was in the interest of justice. The order did not decide the underlying claims.
The detailed version
- Colacino v. Davis · No. 7:19-cv-09648
- Vincent Briccetti
- July 28, 2020
Background
James Colacino and Colacino Industries, Inc. filed the action against Mike Davis in Westchester County Supreme Court on September 18, 2019. Davis removed the case to the Southern District of New York on October 18, 2019. The removal notice did not address whether venue—the proper federal district for the case—was correct under 28 U.S.C. § 1391(b).
The complaint alleged that Davis resided in Wayne County, New York, and that a substantial part of the events underlying the claims occurred there. Wayne County is in the Western District of New York. The court therefore directed the parties to address whether venue was proper in the Southern District and whether the case should be transferred under 28 U.S.C. § 1406(a) or § 1404(a).
Parties’ Positions
Davis stated that venue was improper in the Southern District and confirmed that he resided in Wayne County and that the events giving rise to the claims occurred in or around Wayne County. The plaintiffs did not contest those statements. They said they had no objection to the Southern District maintaining the case if the court chose to do so and would accept the court’s decision.
Court’s Analysis
Under 28 U.S.C. § 1406(a), when a case is filed in the wrong district, the court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. The court explained that the choice between dismissal and transfer is within the district court’s discretion.
The court found that Davis resided in the Western District of New York and that a substantial part of the relevant events occurred there. It concluded that the Western District was the proper venue and that transferring the case would serve the interest of justice and allow the case to proceed efficiently.
Disposition
The court ordered the Clerk to transfer the case to the United States District Court for the Western District of New York under 28 U.S.C. § 1406(a). The order addressed venue and transfer; it did not decide whether the plaintiffs would prevail on their underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.