Scales v. Webster Bank
- Laura Swain
- 1:23-cv-07607
- U.S. District Court · Southern District of New York
- 2
In Scales v. Webster Bank, Judge Swain transferred the action to Connecticut because venue was improper in New York.
William Scales and Webster Bank; the case was transferred from the Southern District of New York to the United States District Court for the District of Connecticut.
What happened
In Scales v. Webster Bank, William Scales, representing himself, brought state-law claims against Webster Bank concerning a business loan. He invoked federal-question and diversity jurisdiction.
The court concluded that the complaint indicated the alleged breach occurred in Connecticut, where Webster Bank is headquartered. It therefore determined that venue was proper in the District of Connecticut rather than the Southern District of New York.
Judge Swain transferred the action to the United States District Court for the District of Connecticut under the federal venue-transfer statute and closed the case in New York. The court did not issue a summons, left any decision about proceeding without prepaying fees to the receiving court, and denied fee-free status for an appeal.
The detailed version
- Scales v. Webster Bank · No. 1:23-cv-07607
- Laura Swain
- Jan. 9, 2024
Background
William Scales, proceeding without a lawyer, sued Webster Bank. He asserted state-law claims involving an alleged breach of contract connected to a business loan and invoked federal-question and diversity-of-citizenship jurisdiction. Webster Bank was the sole defendant, and the opinion states that it is headquartered in Stamford, Connecticut.
Venue Analysis
The court applied 28 U.S.C. § 1391, which identifies the federal districts where a civil action may be filed. The court stated that, from the face of the complaint, Webster Bank was headquartered in Connecticut and the alleged breach appeared to have occurred there. It therefore concluded that the claims arose in Stamford, Connecticut, which is in the District of Connecticut, and that venue lay there under § 1391(b)(2).
Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may transfer it in the interest of justice to a district where it could have been brought. The court transferred the action to the United States District Court for the District of Connecticut.
Disposition
The Clerk was directed to transfer the action, and the Southern District of New York case was closed. The court did not issue a summons. It left to the District of Connecticut any decision about whether Scales 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. The order addressed venue and transfer, not the merits of Scales's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.