McCarthy v. Kaplan

Background

Ana McCarthy brought this case while representing herself. She invoked the court’s authority over disputes between citizens of different states and alleged that the defendants violated her minor daughter’s rights in Brooklyn, New York, and Israel. The opinion identifies David Kaplan, Gabriel Clague, Samantha Clague, Henry Grant, Schneur Boaron, Sholom Lishner, Perel Lishner, and Berel Lishner, along with additional defendants identified by “et al.” The opinion states that several defendants reside in Brooklyn, that Gabriel Clague is asserted to live in Denver, Colorado, and that McCarthy did not know or provide addresses for some defendants.

Venue analysis

Venue is the federal district where a lawsuit may properly proceed. The court explained that the law generally permits a civil case to be filed where all defendants reside in the same state and district, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s authority.

The court said it was unclear whether venue was proper in the Southern District of New York based on where the defendants reside because McCarthy did not plead every defendant’s residence. But it concluded that venue was clearly proper in the Eastern District of New York because several defendants reside in Brooklyn, which is in Kings County and within that district, and because part of the alleged conduct occurred there.

The court also applied the federal transfer statute, which allows a court to move a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. It found that transfer was appropriate because the underlying events occurred in Brooklyn, McCarthy resides there, several defendants reside there, and many relevant documents and witnesses could be located there.

Ruling and effect

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). The Clerk was directed to make the transfer, and a summons was not to issue from the Southern District of New York. The order closed the case in that court; it did not decide the merits of McCarthy’s allegations.

The order left to the Eastern District court the question whether McCarthy could proceed without prepaying fees. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order on April 25, 2024.