Torres v. Sher Tremonte LLP

Background

Jose O. Torres filed this action without a lawyer under the Racketeer Influenced and Corrupt Organizations Act, commonly called RICO. The opinion states that Torres was detained at the Essex County Jail in Newark, New Jersey, and that his claims arose from a criminal matter in the U.S. District Court for the District of New Jersey. He sued Sher Tremonte LLP; Justin Sher; Michael Tremonte; Noam Korati Biale; Kimo Peluso; and Anna Maria Estevao.

Why the Court Transferred the Case

Under 28 U.S.C. § 1404(a), a federal district court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court explained that it has broad discretion to make that decision and may order a transfer on its own initiative.

The court found transfer appropriate because Torres’s claims arose from his New Jersey criminal case. The opinion also states that Torres resides in Newark, New Jersey, and had filed a substantially similar civil action in the District of New Jersey involving the same facts and many of the same defendants. The court therefore treated the District of New Jersey as the favored forum, citing the general preference for the court where a similar case was filed first.

Ruling and Effect

The court transferred the action under Section 1404(a) to the U.S. District Court for the District of New Jersey. The Clerk of Court was directed to carry out the transfer. The court stated that the transferee court—the court receiving the case—would decide whether Torres could proceed without prepaying fees. A summons was not to issue from the Southern District of New York, and the order closed the case there.

The court also certified that any appeal would not be taken in good faith and denied Torres permission to proceed without prepaying fees for an appeal.