Ramani v. Facebook LLC

Background

Valmiki D. Ramani brought the action without a lawyer against Facebook LLC. He alleged that Facebook LLC discriminated against his Facebook music channel. The opinion states that Ramani resides in Briarwood, in Queens County, New York.

Venue Analysis

Under 28 U.S.C. § 1391(b), a civil action generally may be filed where a defendant resides, where a substantial part of the events giving rise to the claims occurred, or, in certain circumstances, where a defendant is subject to personal jurisdiction. The court concluded that venue was not proper in the Southern District of New York because Ramani did not allege that Facebook LLC resided in that district or that a substantial part of the relevant events occurred there.

The court stated that Ramani’s claims appeared to have arisen at his home in Briarwood. Because Briarwood is in Queens County, which is in the Eastern District of New York, the court concluded that venue lay in the Eastern District under § 1391(b)(2). It transferred the action under 28 U.S.C. § 1406(a), the statute allowing a case filed in the wrong federal district to be transferred to a proper district.

Disposition

The clerk was directed to transfer the action to the United States District Court for the Eastern District of New York. The court left the decision about whether Ramani could proceed without prepaying fees to the transferee court. It also ordered that no summons issue from the Southern District and stated that the order closed the case there.

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.