Almanzar v. Baratian
- Laura Swain
- 1:23-cv-01479
- U.S. District Court · Southern District of New York
- 3
In Almanzar v. Baratian, Judge Swain transferred the vehicle-purchase lawsuit to the Northern District of New York.
Jeffrey Almanzar’s case was moved from the Southern District of New York to the Northern District of New York. The defendants were affected by the change in forum, while the transferee court was left to decide whether Almanzar could proceed without prepaying fees.
What happened
In Almanzar v. Baratian, Jeffrey Almanzar, representing himself, sued defendants connected with a used-vehicle purchase from Pristine Mitsubishi. He invoked federal laws concerning debt collection, credit reporting, and lending.
The court concluded that the Southern District of New York was not the proper venue because Almanzar did not allege that all defendants lived in the same state or that events giving rise to his claims occurred there. The purchase occurred in Washington County, which is in the Northern District of New York, and the court stated that relevant witnesses and documents would likely be there.
Judge Laura Taylor Swain ordered the case transferred to the Northern District of New York under the federal venue-transfer statute. The Southern District case was closed, no summons would issue there, and the court denied permission to appeal without prepaying fees.
The detailed version
- Almanzar v. Baratian · No. 1:23-cv-01479
- Laura Swain
- Mar. 29, 2023
Background
Jeffrey Almanzar, who is representing himself, brought this action against Armin Baratian on behalf of Pristine Mitsubishi and Richard Farbank on behalf of Capital One Auto Financial. The complaint arises from Almanzar’s purchase of a used vehicle from Pristine Mitsubishi in Comstock, New York. He asserted claims under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Truth in Lending Act.
The opinion notes that it is unclear whether Almanzar intended to sue the two companies or the named individuals associated with them. The addresses listed in the complaint appeared to be addresses for the companies rather than the individuals.
Venue Analysis
The court examined the federal venue statute, which generally permits a civil case to proceed where all defendants reside in the same state, where a substantial part of the events occurred, or, in certain circumstances, where a defendant is subject to the court’s authority. Almanzar provided addresses for defendants in McLean, Virginia, and Comstock, New York. Based on those allegations, venue did not appear proper in the Southern District of New York because the defendants were not alleged to reside in the same state.
The court also found that the complaint did not suggest that events giving rise to the claims occurred in the Southern District. Instead, the vehicle purchase occurred in Washington County, which is in the Northern District of New York. The court stated that venue would therefore be proper in the Northern District of New York. It further concluded that transfer was appropriate because Almanzar did not reside in the Southern District, the underlying events did not occur there, and relevant witnesses and documents would likely be in Washington County.
Disposition
The court transferred the action to the United States District Court for the Northern District of New York under 28 U.S.C. § 1404(a). The clerk was directed to carry out the transfer. The order closed the case in the Southern District, and a summons was not to issue from that court. The transferee court was left to decide whether Almanzar could continue without prepaying filing fees. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.