Moodie v. Consolidated Edison Company of New York

Background

Donna Hope Moodie filed this action without a lawyer and sought damages. She invoked federal-question jurisdiction and alleged that the removal of her Con Edison electrical meter was an unlawful seizure of property that violated the Fourth Amendment. She named Consolidated Edison Company of New York, Bruce Kemp, whom she identified as a city marshal, Richard W. Babinecz, whom she identified as an attorney, and Dean R. Brown, whom she identified as an attorney/employee.

Venue and Transfer

The court considered the federal venue statute, which identifies where a civil action may be filed. Moodie did not state where any defendant resided. The court therefore said it was unclear whether venue was proper in the Southern District of New York based on the defendants’ residences. The court nevertheless concluded that venue was proper in the Eastern District of New York because Moodie alleged that the events occurred at her residence in Brooklyn, Kings County, which is located in that district.

The court then applied the federal transfer statute, which permits a court to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice. It found that transfer was appropriate because the alleged events occurred in Brooklyn and relevant documents and witnesses could reasonably be expected to be located in the Eastern District of New York.

Ruling

Judge Laura Taylor Swain directed 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 court left to the transferee court the question whether Moodie could proceed without prepaying fees. It also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal from the order. The court did not decide the merits of Moodie’s constitutional or statutory claims.