Hirsch v. Shammah
- Laura Swain
- 1:21-cv-04157
- U.S. District Court · Southern District of New York
- 2
In Hirsch v. Shammah, Judge Swain transferred the pro se action to the Eastern District of New York because venue was improper in this district.
Elliot M. Hirsch, whose lawsuit was transferred from the Southern District of New York to the Eastern District of New York; Eva Shammah, the defendant, is also affected by the transfer.
What happened
In Hirsch v. Shammah, Elliot M. Hirsch brought a self-represented lawsuit against Eva Shammah under New York law, relying on the court’s authority over disputes between citizens of different states. He said the events involved Instagram and Brooklyn, New York, and that Shammah lived in Brooklyn.
The court explained that a lawsuit generally must be filed where a defendant lives or where a substantial part of the events occurred. Hirsch did not allege that either requirement pointed to this district. Because Brooklyn is in the Eastern District of New York, the court found that district to be the proper venue.
Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York and closed the case in this court. The transferee court will decide whether Hirsch may continue without paying court fees. This court also denied fee-free status for any appeal and stated that an appeal would not be taken in good faith.
The detailed version
- Hirsch v. Shammah · No. 1:21-cv-04157
- Laura Swain
- July 6, 2021
Background
Elliot M. Hirsch, proceeding without a lawyer, sued Eva Shammah. He invoked diversity-of-citizenship jurisdiction under 28 U.S.C. § 1332 and alleged violations of New York State law. According to the opinion, Hirsch alleged that the events underlying his claims occurred on Instagram and in Brooklyn, New York, and that Shammah resided in Brooklyn.
Venue analysis
Venue is the federal district where a lawsuit may properly be filed. Under 28 U.S.C. § 1391(b), venue may generally be proper where a defendant resides or where a substantial part of the events or omissions giving rise to the claim occurred. The court found that Hirsch did not allege that a defendant resided in this district or that a substantial part of the relevant events occurred here.
The court determined that the claims arose in Kings County, which is in the Eastern District of New York. It therefore concluded that venue lies in that district under § 1391(b)(2).
Ruling and disposition
Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the Eastern District of New York. The Clerk was directed to transfer the action, and the order stated that the case was closed in this court. The order also stated that the transferee court would decide whether Hirsch could proceed without prepaying fees, and that no summons would issue from this 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 Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.