Chavez v. Communications/Switchboard Does
- Laura Swain
- 1:24-cv-00861
- U.S. District Court · Southern District of New York
- 3
In Chavez v. Communications/Switchboard Does, Judge Swain transferred the case to California because the alleged events occurred there.
Juan Pablo Chavez’s action was transferred from the Southern District of New York to the Central District of California, Western Division; the transferee court will decide whether he may proceed without prepaying filing fees.
What happened
In Chavez v. Communications/Switchboard Does, Juan Pablo Chavez, representing himself, alleged that the defendants violated his due process rights. He alleged that the events occurred in Los Angeles, California, and did not state where the defendants lived.
The court ruled that venue was improper in the Southern District of New York because a substantial part of the events occurred in Los Angeles. It transferred the action under 28 U.S.C. § 1406 to the Central District of California, Western Division, rather than dismissing it.
Judge Laura Taylor Swain directed the Clerk to transfer the case and stated that the order closed the case in her court. She also ruled that a summons would not issue there and denied permission to appeal without prepaying fees.
The detailed version
- Chavez v. Communications/Switchboard Does · No. 1:24-cv-00861
- Laura Swain
- May 22, 2024
Background
Juan Pablo Chavez filed this action without a lawyer, alleging that the defendants violated his due process rights. The complaint alleged that the events giving rise to the claims occurred in Los Angeles, California. Chavez did not plead the defendants’ residences.
Venue analysis
The court explained that federal venue generally is proper where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. Because the complaint showed that the alleged events occurred in Los Angeles, the court concluded that venue was not proper in the Southern District of New York under 28 U.S.C. § 1391(b)(2).
Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court determined that the claims could have been brought in the United States District Court for the Central District of California, Western Division, because Los Angeles is located in that district.
Disposition
Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the Central District of California, Western Division. The order states that whether Chavez may proceed without prepaying filing fees is for the transferee court to decide. It also states that no summons would issue from the Southern District of New York and that the order closes the case there. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees for that appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.