Glass v. L.A. County Metropolitan Authority

Background

Leigh Glass brings a self-represented lawsuit invoking diversity jurisdiction, which allows certain disputes involving citizens of different states to be heard in federal court. She alleges that she was injured on December 22, 2022, when a car collided with the rail train in which she was riding in Los Angeles, California. She sued the Los Angeles County Metropolitan Transportation Authority and Kemper Corporation, which she identifies as the Illinois insurance company that provided automobile insurance coverage to the car’s driver.

Venue analysis

Federal law generally permits a civil action to be filed in a district where all defendants reside, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. The court concluded that venue did not appear proper in the Southern District of New York because nothing suggested that both defendants resided in New York. Venue was also not proper there because Glass’s claims arose in Los Angeles.

The court determined that venue was proper in the Central District of California, where the claims arose. It therefore found that transferring the action under 28 U.S.C. §§ 1404(a) and 1406 was appropriate.

Ruling and effect

The court directed the Clerk to transfer the action to the United States District Court for the Central District of California. It stated that the transferee court would decide whether Glass could proceed without prepaying fees. The court also directed that no summons issue from the Southern District of New York and closed the case in that district.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Judge Laura Taylor Swain signed the order.