Duncan v. Miramar Animal Clinic

Background

Judi Duncan, a resident of New Rochelle, New York, appeared without a lawyer and asserted claims under the court’s diversity jurisdiction. The defendants were Miramar Animal Clinic, Jane Doe, and Caribbean Towers/PDSJ/John Doe/John Doe. The opinion states that all defendants appeared to be located in San Juan, Puerto Rico. Duncan sought $900 million in damages.

Venue analysis

The court applied 28 U.S.C. § 1391(b), which identifies the federal districts where a civil action may be filed. Those locations can include a district where a defendant resides, where a substantial part of the events occurred, or, when no other listed district is available, where a defendant is subject to the court’s authority over the case.

The court found that Duncan alleged no facts suggesting that the Southern District of New York was a proper venue. The court said she alleged that the defendants were located in Puerto Rico and seemed to allege that the events giving rise to her claims occurred there. It therefore concluded that venue lay in the District of Puerto Rico.

Disposition

Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the District of Puerto Rico. The clerk was directed to mail Duncan the order and record service on the docket. The court also stated that the Puerto Rico court would decide whether Duncan could proceed without prepaying fees, and that no summons would issue from the Southern District of New York. The order closed the action in that court.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon signed the order.