Nowak v. JPMorgan Chase Bank, N.A.

Background

Martin Nowak filed a pro se action against “JP Morgan Chase Bank, N.A., also known as JP Morgan Chase & Co.” He sought money damages and possibly other relief concerning the foreclosure of real property at 113 New York Avenue in Long Beach, New York. The property is in Nassau County, where Nowak resides.

The court noted that Nowak’s 185-page complaint consisted largely of legalese and attachments whose relevance was unclear. The opinion states that the complaint nevertheless clearly challenged the defendant’s handling of the foreclosure. The opinion also notes earlier federal litigation involving the same property and mortgage, as well as a pending foreclosure matter in New York State Supreme Court in Nassau County.

Transfer analysis

The court explained that federal law permits a case to be transferred, even when venue is proper in the original district, when transfer would serve the convenience of the parties and witnesses and the interests of justice. In deciding whether to transfer, courts consider factors including the location of the operative events, the convenience of the parties and witnesses, access to documents and other evidence, the availability of compulsory process, the governing law, trial efficiency, and the total circumstances.

The court found that transfer was appropriate because the property at issue was in Nassau County, where Nowak resides; substantial events giving rise to the claims occurred there; and relevant documents and witnesses were likely to be found there. Nassau County is within the Eastern District of New York, so the court concluded that venue was proper in that district.

Ruling and disposition

The court ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). It directed that a summons not issue from the Southern District of New York, terminated all pending matters, and stated that the order closed the case in that court.

The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying court fees. The opinion does not decide the merits of Nowak’s foreclosure-related claims.