Flores v. American Family Insurance
- Laura Swain
- 1:23-cv-03683
- U.S. District Court · Southern District of New York
- 3
In Flores v. American Family Insurance, Judge Swain transferred the case to Wisconsin because venue was improper in New York.
Valerie L. Flores and the named defendants; the case was transferred from the Southern District of New York to the Western District of Wisconsin.
What happened
In Flores v. American Family Insurance, Valerie L. Flores, representing herself, alleged that movers and insurers caused damage to her belongings during two moves in 2021.
The court found that the events occurred in Madison and Columbus, Wisconsin, making New York an improper location for the lawsuit. It transferred the case to the United States District Court for the Western District of Wisconsin in the interest of justice.
Judge Laura Taylor Swain ordered the transfer and closed the New York case. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Flores v. American Family Insurance · No. 1:23-cv-03683
- Laura Swain
- May 2, 2023
Background
Valerie L. Flores brought this lawsuit without a lawyer under the court’s diversity jurisdiction. She alleged that, on September 24, 2021, and November 13, 2021, defendants damaged several of her belongings while moving them. The defendants were American Family Insurance; Matt Adams, identified as the owner of Matt’s Movers; Pat Adams, identified as the owner of Pat’s Movers; and Rep West Insurance. The opinion states that American Family Insurance was located in Madison, Wisconsin; Matt Adams was located in Madison, Wisconsin; and Rep West Insurance was located in Phoenix, Arizona. Flores did not provide an address for Pat Adams.
Venue Analysis
The court considered the federal venue statute, which generally permits a civil case to proceed where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s authority. Flores alleged that the damage occurred in Madison and Columbus, Wisconsin. The court concluded from the complaint that venue was not proper in the Southern District of New York.
Under 28 U.S.C. § 1406, when a case is filed in the wrong venue, a court may transfer it to a district where it could have been brought if transfer serves the interests of justice. The court determined that Madison and Columbus are in Dane and Columbia counties, respectively, and that both counties are in the Western District of Wisconsin. It therefore concluded that venue was proper there based on where the events occurred.
Disposition
The court transferred the action to the United States District Court for the Western District of Wisconsin under 28 U.S.C. § 1406(a). The Clerk of Court was directed to complete the transfer. The court stated that the transferee court would decide whether Flores could proceed without prepaying filing fees. No summons would issue from the Southern District of New York, and the order closed that case.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.