Abatayo v. Fondevilla
- Laura Swain
- 1:24-cv-01507
- U.S. District Court · Southern District of New York
- 4
In Abatayo v. Fondevilla, Judge Swain transferred the defamation action to the Eastern District of New York.
The order affects Jeffrey Abatayo and Pliny Fondevilla by moving the case from the Southern District of New York to the Eastern District of New York; it did not decide the defamation claim.
What happened
In Abatayo v. Fondevilla, Jeffrey Abatayo, representing himself, alleged that Pliny Fondevilla defamed him in a Facebook post and affected an event and his work in Queens County.
The court concluded that the Eastern District of New York was the more appropriate venue because the underlying events occurred in Queens County, where relevant witnesses and documents were likely located. It did not decide whether the statements were defamatory or whether Fondevilla could be sued in New York.
Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York, closed the case in the Southern District of New York, and denied fee-free appeal status.
The detailed version
- Abatayo v. Fondevilla · No. 1:24-cv-01507
- Laura Swain
- Feb. 29, 2024
Background
Jeffrey Abatayo, proceeding without a lawyer, sued Pliny Fondevilla under the court’s diversity jurisdiction. Abatayo alleged that Fondevilla, who resides in California, made defamatory statements about him in a Facebook post. According to the complaint, the statements affected a July 2021 event Abatayo organized and caused problems involving his family and church activities in Queens County, New York.
Venue Analysis
The court explained that venue generally may be proper where a defendant resides or where a substantial part of the events giving rise to the claim occurred. Fondevilla does not reside in the Southern District of New York, so venue was not proper there on that basis. The court also stated that it was unclear whether the events giving rise to the claims occurred in the Southern District.
Queens County is in the Eastern District of New York. The court concluded that venue appeared proper there because a substantial part of the events occurred in Queens County. It also noted that the underlying events occurred there and that relevant documents and witnesses could reasonably be expected to be there. The court expressly did not decide whether Fondevilla is subject to personal jurisdiction in New York.
Ruling
Under 28 U.S.C. § 1404(a), a court may transfer a case to another district for the convenience of the parties and witnesses and in the interest of justice. Judge Laura Taylor Swain determined that transfer was appropriate and ordered the action transferred to the United States District Court for the Eastern District of New York.
The Clerk was directed to transfer the action, and the case was closed in the Southern District of New York. A summons was not to issue from that court. The court left any decision about whether Abatayo could proceed without prepaying filing fees to the transferee court. It certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. The order did not decide the merits of Abatayo’s defamation allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.