Robinson v. Kings County Family Court
- Laura Swain
- 1:23-cv-04470
- U.S. District Court · Southern District of New York
- 4
In Robinson v. Kings County Family Court, Judge Swain transferred the action to the Eastern District of New York because Brooklyn was the center of events.
The transfer affects Valdissa Robinson, V.V.P., and the defendants named in the action by moving the case from the Southern District of New York to the Eastern District of New York. The receiving court must decide whether Robinson may proceed without prepaying fees.
What happened
Valdissa Robinson, representing herself, filed an action for herself and V.V.P., a minor child, against the Kings County Family Court, court personnel, the child’s father, and New York City child-services officials. The complaint sought damages and court orders concerning events alleged to have occurred in Brooklyn.
The Southern District of New York found that venue there might be uncertain because the complaint did not identify where most defendants lived. But it alleged that the relevant events occurred and continued to occur in Brooklyn, which is in the Eastern District of New York, and the court expected the documents and witnesses to be there.
Judge Laura Taylor Swain transferred the action to the Eastern District of New York for convenience and in the interest of justice. The Southern District court closed the action there, did not issue summonses, left the decision about proceeding without prepaying fees to the receiving court, and denied fee-free status for any appeal from the transfer order.
The detailed version
- Robinson v. Kings County Family Court · No. 1:23-cv-04470
- Laura Swain
- June 2, 2023
Background
Valdissa Robinson, appearing without a lawyer, filed the action on her own behalf and on behalf of V.V.P., a minor child. The complaint sought damages and court orders and named the Kings County Family Court; a judge and clerk of that court; V.V.P.’s father, Jhony Pierre; the New York City Administration for Children’s Services; and several agency officials and employees.
The complaint alleged that the events giving rise to the claims occurred and continued to occur in Brooklyn, Kings County. It alleged that Pierre lived in Brooklyn but did not state where the other defendants lived. Brooklyn is within the Eastern District of New York.
Venue and Transfer
The court explained that federal venue may be proper where a defendant resides, where a substantial part of the relevant events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. It stated that the complaint did not establish whether venue in the Southern District of New York was proper based on most defendants’ residences.
The court nevertheless determined that transfer under 28 U.S.C. § 1404(a) was appropriate. That statute permits transfer to another federal district where the action could have been brought when transfer would serve the convenience of the parties and witnesses and the interest of justice. The court concluded that the Eastern District of New York appeared more convenient because the alleged events occurred in Brooklyn and the relevant documents and witnesses would reasonably be expected to be there.
Disposition
Judge Laura Taylor Swain directed the Clerk of Court 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 left to decide whether Robinson could proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from the transfer order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.