Lorch v. Olmstead

Background

Kari Lorch filed this action without a lawyer and invoked the court’s diversity jurisdiction under 28 U.S.C. § 1332. The opinion says that Lorch is presently residing in New York City and identifies Randell David Olmstead as a resident of Fort Myers, Florida. Lorch did not clearly state the claims, but indicated that a substantial part of the events or omissions connected to them occurred in several states, including Florida.

Venue analysis

Federal law generally permits a civil action to be filed where a defendant resides, where a substantial part of the relevant events occurred, or, if no such district exists, where a defendant is subject to personal jurisdiction. The court concluded that the underlying claims did not appear to have any connection to the Southern District of New York. Because Olmstead’s identified residence was in Fort Myers, which is in Lee County and therefore in the Middle District of Florida, and because Lorch alleged that a substantial part of the relevant events occurred in Florida, the court determined that the Middle District of Florida appeared to be a proper venue.

Ruling

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. The court transferred this action to the United States District Court for the Middle District of Florida. The Clerk was directed to make the transfer, the action was closed in the Southern District of New York, and a summons was not to issue from that court.

The court stated that the transferee court would decide whether Lorch should be permitted to proceed without prepaying fees. It also certified that any appeal from the transfer order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Laura Taylor Swain signed the order.