Perez v. Essex County

Background

Delailah Perez, a newborn and her two minor children, and Susan Suarez sued Essex County and other defendants. The opinion states that the plaintiffs reside in New York, New York, and assert claims under federal-question and diversity jurisdiction. Their claims arose from events allegedly occurring after Perez gave birth at University Hospital in Newark, New Jersey.

Venue Analysis

Federal venue law permits a civil action to be brought in certain districts, including a district where a defendant resides when the applicable conditions are met or where a substantial part of the events or omissions giving rise to the claims occurred. The plaintiffs alleged that all defendants were citizens of New Jersey and that a substantial part of the relevant events occurred there.

The court held that venue was not proper in the Southern District of New York because the plaintiffs did not allege that a substantial part of the relevant events or omissions arose in that district. The court held that venue lay in the District of New Jersey because all defendants resided in New Jersey and a substantial part of the events occurred there.

Disposition

Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the District of New Jersey. The clerk was directed to mail the order to the plaintiffs and transfer the action. The opinion states that whether the plaintiffs could proceed without prepaying fees would be decided by the transferee court, and that no summons would issue from the Southern District of New York. The order closed the case in that court.

Chief Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied the plaintiffs fee-free status for purposes of an appeal. The court did not decide the underlying claims.