Muminovic v. Facebook

Background

Ing. Dipl.-Ing. (FH) Elhar Muminovic filed this self-represented action against Facebook. The opinion says that Muminovic resides in Linz, Austria, and that Facebook is in Menlo Park, California. The complaint appeared to seek monetary damages and declaratory relief, but the order does not decide whether those claims have merit.

Venue analysis

Venue is the proper federal court location for a case. 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 occurred, or, in some circumstances, where a defendant is subject to the court’s authority. The court found that Muminovic did not allege that Facebook resided in the Southern District of New York or that events giving rise to the claims occurred there. Based on the complaint, the court concluded that venue was not proper in that district.

The court explained that 28 U.S.C. § 1406 allows a court to dismiss a case filed in the wrong venue or, when justice favors it, transfer the case to a district where it could have been filed. Because Muminovic alleged that Facebook resides in Menlo Park, San Mateo County, California, the court determined that the action could be brought in the Northern District of California.

Ruling

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Northern District of California. The order states that the case was closed in the Southern District of New York, that no summons would issue from that court, and that the receiving court would decide whether Muminovic could proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.