Joseph v. Little Flower Children Services
- Laura Swain
- 1:23-cv-05959
- U.S. District Court · Southern District of New York
- 4
In Joseph v. Little Flower, Judge Swain transferred the case to the Eastern District of New York because the relevant events and people were there.
Dr. Anderson Joseph and Little Flower Children and Family Services of New York; the case was moved from the Southern District of New York to the Eastern District of New York.
What happened
In Joseph v. Little Flower Children and Family Services of New York, Dr. Anderson Joseph, representing himself, sued Little Flower over the removal of his children and alleged denial of visitation. He requested money damages and the return of his family.
The Southern District of New York found that the events described occurred in Queens County and Kings County, outside that district. It also noted that Joseph lived in Queens County and Little Flower was located in Brooklyn, making the Eastern District of New York a more convenient place for the case.
Judge Laura Taylor Swain transferred the action to the Eastern District of New York. The order closed the case in the Southern District, did not issue a summons there, and left any decision about proceeding without paying filing fees to the receiving court.
The detailed version
- Joseph v. Little Flower Children Services · No. 1:23-cv-05959
- Laura Swain
- July 31, 2023
Background
Dr. Anderson Joseph, who resides in Queens County, New York, brought the action without a lawyer against Little Flower Children and Family Services of New York. He invoked diversity jurisdiction, which is federal jurisdiction based on the parties' citizenship and the amount or nature of the dispute, and asserted claims described as “human rights” violations and “alienation of affection.” He alleged that Little Flower took his children and wife away without his consent on June 22, 2023, and denied him visitation. He sought money damages and to get his “family back.”
Venue analysis
Venue is the legally proper federal district for a case. The court explained that venue can be proper where a substantial part of the events occurred or where a defendant resides, among other circumstances. The court found that the alleged events took place in Queens County and Kings County, both within the Eastern District of New York, rather than the Southern District of New York. It also stated that Little Flower was located in Brooklyn, in Kings County. The court noted that it was unclear whether Little Flower was subject to personal jurisdiction in the Southern District, which could have affected venue there.
The court applied 28 U.S.C. § 1404(a), which permits transfer to another district for the convenience of the parties and witnesses and in the interest of justice. It concluded that transfer appeared appropriate because the events occurred outside the Southern District, Joseph did not reside there, and relevant documents and witnesses could reasonably be expected to be in Queens County and Kings County.
Disposition
The court transferred the action to the United States District Court for the Eastern District of New York. The Clerk was directed to carry out the transfer. The order closed the case in the Southern District of New York, and a summons was not to issue from that court. The court stated that the Eastern District court would decide whether Joseph could proceed without prepaying fees. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Joseph's claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.