Lorch v. Olmstead
- Laura Swain
- 1:24-cv-02994
- U.S. District Court · Southern District of New York
- 2
Lorch v. Olmstead: Judge Swain transferred the case to Florida because venue was improper in New York.
Kari Lorch's case was moved from the Southern District of New York to the Middle District of Florida. The transferee court will decide whether she may proceed without prepaying fees.
What happened
In Lorch v. Olmstead, Kari Lorch, representing herself, sued Randell David Olmstead in the Southern District of New York. She alleged that the events involved in her claims occurred in two Florida counties, and the court stated that Olmstead was alleged to be a Florida citizen.
The court explained that federal law generally allows a civil case to be filed where the defendant lives or where a substantial part of the events occurred. Because the defendant and the alleged events were connected to Florida rather than New York, the court concluded that venue did not appear proper in New York and that the Middle District of Florida appeared to be a proper venue.
The court transferred the action to the United States District Court for the Middle District of Florida in the interest of justice. Judge Laura Taylor Swain directed the clerk to transfer the case, stated that the action was closed in the Southern District of New York, and denied permission to proceed without prepaying fees for purposes of an appeal.
The detailed version
- Lorch v. Olmstead · No. 1:24-cv-02994
- Laura Swain
- Apr. 26, 2024
Background
Kari Lorch, who is representing herself, brought this action under the court's federal-question jurisdiction. She sued her ex-husband, Randell David Olmstead. The opinion states that Lorch resides in New York, that Olmstead is alleged to be a citizen of Florida, and that Lorch alleges the relevant events or omissions occurred in Sarasota and Brevard Counties, Florida. Lorch also asked that this case be treated as related to her earlier case against the same defendant, identified by docket number 22-CV-8672.
Venue analysis
Venue is the legally proper location for a case. Under 28 U.S.C. § 1391(b), a civil case generally may be filed where the defendant resides, where a substantial part of the events or omissions occurred, or, if neither of those options is available, where the defendant is subject to the court's personal jurisdiction for the case. The court explained that a natural person resides, for venue purposes, in the district where the person is domiciled.
The court stated that Brevard and Sarasota Counties are within the Middle District of Florida. Because the alleged events occurred there and the sole defendant was alleged to be a Florida citizen, the court concluded that the Middle District of Florida appeared to be a proper venue. By contrast, the court stated that venue did not appear proper in the Southern District of New York because the defendant allegedly resided outside that district and the relevant events allegedly occurred outside it.
Ruling
Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may dismiss it or, if the interest of justice supports that result, transfer it to a district where it could have been brought. The court transferred this action to the United States District Court for the Middle District of Florida in the interest of justice.
The clerk was directed to transfer the action. The court stated that the transferee court would decide whether Lorch could proceed without prepaying fees. No summons was to issue from the Southern District of New York, and the order closed the action in that court. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.