Tshiamala v. Cohen

Background

Oumar Ngeleka Tshiamala brought this self-represented action under the court’s diversity jurisdiction, alleging that Dr. Steven A. Cohen breached a contract. The alleged agreement called for Tshiamala to sell Cohen 2,000 kilograms of pharmaceutical-grade sea cucumber for $1.6 million. According to the complaint, about 500 kilograms were flown from Douala, Cameroon, to Detroit Airport, but Cohen did not pay. Authorities at the Douala Airport seized the remaining 1,500 kilograms after Tshiamala could not pay security fees.

The court had previously ordered Tshiamala to file an amended complaint because personal jurisdiction over Cohen and venue in the Southern District of New York did not appear proper. It also required English translations of documents submitted in French. In the amended complaint, Tshiamala asserted that the claim arose in Cameroon and New York City and identified Cohen using an address that referenced both New York and Allegan, Michigan.

Venue Analysis

Federal venue law allows a civil action to be brought where a defendant resides, where a substantial part of the events occurred, or, if no other district qualifies, where a defendant is subject to personal jurisdiction for the action. The court found that the amended complaint did not sufficiently establish either that Cohen resided in New York or that the shipment went to, passed through, or otherwise generated relevant events in New York. The court also noted that the amended complaint did not establish personal jurisdiction over Cohen.

The court concluded from the face of the complaint that venue was not proper in the Southern District of New York. It determined that the claims arose in Allegan, Michigan, which is within the Western District of Michigan.

Ruling

Judge Laura Taylor Swain applied the federal venue-transfer statute, which permits transfer rather than dismissal when transfer serves the interests of justice. The court transferred the action to the United States District Court for the Western District of Michigan. The Clerk of Court was directed to transfer the action, no summons was to issue from the Southern District of New York, and the order closed the case there.

The court also certified that any appeal would not be taken in good faith and therefore denied fee-free status for purposes of an appeal. The opinion did not decide whether Cohen breached the contract or whether Tshiamala was entitled to damages.