Muminovic v. Blizzard Entertainment, Inc.

Background

Ing. Dipl.-Ing. (FH) Elhar Muminovic filed this self-represented action against Blizzard Entertainment, Inc. The opinion says that Muminovic resides in Linz, Austria and that Blizzard is located in Irvine, California. The complaint appeared to seek monetary damages and declaratory relief.

Venue analysis

Venue is the federal district where a civil case may properly be heard. Under 28 U.S.C. § 1391(b), venue generally may be proper where a defendant resides, where a substantial part of the events or omissions underlying the claims occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction.

The court held that the complaint did not allege that Blizzard resided in the Southern District of New York or that any events giving rise to the claims occurred there. The court therefore concluded that venue was not proper in that district under § 1391(b)(1) or (2).

Disposition

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may dismiss it or, if justice requires, transfer it to a district where it could have been brought. Because Muminovic alleged that Blizzard resided in Irvine, which is in the Central District of California, Judge Laura Taylor Swain transferred the action to the U.S. District Court for the Central District of California.

The order directed the Clerk to transfer the action and stated that the New York court would not issue a summons. It also stated that the receiving court would decide whether Muminovic could proceed without prepaying fees. The order closed the action in the Southern District of New York. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.