Greene v. Greyhound Lines, Inc.

Background

Cedric Greene brought this action without a lawyer against Greyhound Lines, Inc. He alleged that, after he was the victim of theft in Oakland, California, on January 10, 2015, Greyhound did not allow him to board an earlier return bus and told him to leave the station until his scheduled return date. Greene asserted claims for breach of agreement and negligence and sought $80,000 in damages.

The opinion states that Greene had filed other suits involving the same or apparently similar facts. The court did not resolve the effect of those earlier proceedings on this action.

Venue Analysis

Federal venue rules generally allow a civil action to be brought where a defendant resides, where a substantial part of the relevant events occurred, or, in some circumstances, where the defendant is subject to the court’s authority. The complaint did not provide facts showing that Greyhound resided in the Southern District of New York. It did show that all events underlying Greene’s claims occurred in Oakland. Oakland is in Alameda County, within the Northern District of California.

The court therefore concluded that venue was proper in the Northern District of California and transferred the action there under 28 U.S.C. §§ 1404(a) and 1406(a). The court did not decide the merits of Greene’s breach-of-agreement or negligence claims.

Order and Effect

The court vacated the transfer order entered on April 4, 2024, because it had been issued in error, and directed the Clerk to transfer the action to the Northern District of California. The order closed the case in the Southern District of New York, stated that a summons would not issue from that court, and left any decision about proceeding without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain issued the order.