Keita v. The Bank of New York Mellon

Background

Mohammed Keita brought the action without a lawyer. He listed himself and two other people as plaintiffs, but those people had not signed the complaint. One listed plaintiff appeared to be a minor. The court noted that the pleadings contained unredacted information concerning a minor and a Social Security number, so it restricted access to the pleadings and the application to proceed without prepaying fees.

Keita sought to stop a planned foreclosure sale of real property at 863 Father Capodanno Boulevard in Staten Island, New York. He invoked federal-question and diversity jurisdiction. Based on the documents attached to the complaint, the court said he might be asserting a claim under the Real Estate Settlement Procedures Act, although he did not specifically name that statute. The documents referred to a qualified written request, loan information, release of a lien, and loss-mitigation processing.

Venue Analysis

The court considered the federal venue statute, 28 U.S.C. § 1391. It concluded that venue did not appear proper in the Southern District of New York because nothing in the complaint suggested that a substantial part of the events occurred there. The property, foreclosure sale, and events underlying the claims were connected to Staten Island, which is in Richmond County and the Eastern District of New York.

The court also found that the complaint did not show that venue was proper in the Southern District under the rule concerning defendants’ residence. Keita provided an address in Dallas, Texas, for Mr. Cooper, which he identified as also known as Nationstar Mortgage, and addresses in Rochester, New York, for LOGS Legal Group, LLP, and The Bank of New York Mellon. Those allegations did not show that all defendants resided in New York or that any defendant resided in the Southern District.

The court further considered transfer for the convenience of the parties and witnesses and in the interest of justice under 28 U.S.C. § 1404(a). It stated that the underlying events occurred in Richmond County, where Keita resides and where the property is located, and concluded that the Eastern District appeared to be a more convenient forum.

Ruling

Judge Laura Taylor Swain ordered the Clerk to transfer the action to the United States District Court for the Eastern District of New York. The order closed the action in the Southern District of New York, and summonses were not to issue from that court. The transferee court was to decide whether Keita could continue without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order transferred the case and did not resolve the underlying foreclosure-related claims.