DiResta v. Biz2Credit Inc.

Background

Timothy DiResta, representing himself, sued Biz2Credit Inc. and Shujah A. Awan under the Age Discrimination in Employment Act of 1967. The court noted that although DiResta was proceeding without a lawyer, he is an attorney admitted to practice in the Eastern District of New York.

Venue Analysis

The general federal venue statute permits a civil action to be brought where a defendant resides, where a substantial part of the events giving rise to the claim occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. The opinion states that the defendants were located at 1 Penn Plaza, 45th Floor, New York, New York, and that the events giving rise to DiResta’s claims allegedly occurred at that address. Because New York County is in the Southern District of New York, the court concluded that venue was proper there.

The court stated that there appeared to be no connection to the Eastern District of New York other than DiResta’s residence in Nassau County. Under the federal statute allowing transfer from an improper venue, the court determined that transfer served the interests of justice.

Disposition

The court transferred the action to the United States District Court for the Southern District of New York under 28 U.S.C. § 1406(a), directed the clerk to transfer the case and mail DiResta a copy of the order, and directed the clerk to mark the case closed. The court did not rule on the merits of the age-discrimination claims. It also certified that any appeal would not be taken in good faith and denied, for purposes of any appeal, any request by DiResta to proceed without paying filing fees.