Marshall v. Newark Tax Assessors Office

Background

Rosalin Denise Marshall filed this case without a lawyer under the court’s diversity jurisdiction. She sued the Newark Tax Assessors Office, the Newark Office of Surrogate or Essex County Office of Surrogate, Annie Scott, Louisa Scott, and James Scott. Marshall sought $730,000 in damages and ownership of real property in East Orange, New Jersey. She alleged that the claims arose from the conveyance of her deceased mother’s estate.

Venue Analysis

The court applied 28 U.S.C. § 1391, the federal venue statute. It explained that a civil case may generally be filed where the defendants reside or where a substantial part of the events or property involved is located. Marshall alleged that all defendants resided in New Jersey, that the relevant events occurred there, and that the property was there. The court therefore concluded that the District of New Jersey was a proper venue under both § 1391(b)(1) and § 1391(b)(2), and that the Southern District of New York was not a proper venue.

Ruling and Disposition

Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court transferred this action to the United States District Court for the District of New Jersey. It directed the clerk to make the transfer, stated that summonses would not issue from the Southern District of New York, and ordered that the action be closed in that court. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. Judge Lewis J. Liman did not decide the underlying claims.