Chavez v. American Express

Background

Juan Pablo Chavez filed this action without a lawyer. The complaint alleged that “John/Jane Does 1-9” discriminated against him in Los Angeles, California. Chavez alleged that, from February 1, 2022, to the present, those unidentified defendants used racial slurs and asked inappropriate questions about his mental health. The caption also named American Express High Yield Savings, Cash App, the U.S. Social Security Administration, the State of California, John Does 1-72, Jane Does 1-72, and Doe #73. The court noted that it was unclear whether the defendants named in the caption were involved in the alleged discrimination.

Venue Analysis

The court applied the federal venue statute, which generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Chavez did not allege where the unidentified defendants lived. He did allege that the events occurred at an address in Los Angeles. Based on the complaint, the court concluded that venue was not proper in the Southern District of New York and that the action could have been brought in the Central District of California, Western Division.

Ruling and Disposition

Under the federal statute governing cases filed in the wrong venue, the court may dismiss the case or, when appropriate, transfer it to a proper district. The court found that transfer was in the interest of justice and ordered the action transferred to the United States District Court for the Central District of California, Western Division. The clerk was directed to make the transfer. The court did not issue a summons, stated that the receiving court would decide whether Chavez could proceed without paying fees, and closed the case in the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied payment-free status for purposes of an appeal.