Automated Summary
Key Facts
Plaintiff Sharita Patterson, a New Jersey resident, filed a pro se action under diversity jurisdiction against Daily Voice Headquarters (headquartered in Norwalk, Connecticut) and Jerry DeMarco, a senior reporter. The court transferred the case to the District of Connecticut because venue is proper there under 28 U.S.C. § 1391(b)(1) due to one defendant's residence in Connecticut. The transfer was also justified under § 1404(a) for convenience and justice, as the plaintiff lacks a connection to the Southern District of New York.
Issues
The court addressed whether venue was proper in Connecticut under 28 U.S.C. § 1391(b)(1) (defendant's residence) and whether transfer to Connecticut was appropriate under 28 U.S.C. § 1404(a) for convenience of parties and witnesses.
Holdings
The court transferred the case to the United States District Court for the District of Connecticut under 28 U.S.C. § 1404(a), finding that venue was proper in Connecticut and that it was a more convenient forum. The transfer was based on the plaintiff’s lack of connection to the Southern District of New York and the defendant’s presence in Connecticut.
Remedies
- The court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, thereby denying in forma pauperis status for the purpose of an appeal. This determination is based on the reasoning in Coppedge v. United States.
- The court transfers this action to the United States District Court for the District of Connecticut under 28 U.S.C. § 1404(a) for the convenience of parties and witnesses, and in the interest of justice. The Clerk of Court is directed to effect the transfer, and the case is closed in this court.
Legal Principles
The court applied the doctrine of forum non conveniens under 28 U.S.C. § 1404(a), transferring the case to the District of Connecticut because venue was proper there (defendant resides in Connecticut) and it is a more convenient forum given the plaintiff's lack of connection to the Southern District of New York.
Precedent Name
- N.Y. Marine and Gen. Ins. Co. v. LaFarge No. Am., Inc.
- D.H. Blair & Co. v. Gottdiener
- Keitt v. N.Y. City
Cited Statute
- 28 U.S.C. § 1915(a)(3) - In Forma Pauperis Appeals
- 28 U.S.C. § 1404(a) - Transfer of Actions for Convenience
- 28 U.S.C. § 1391(b) - Venue in Original Proceedings
- 28 U.S.C. § 1391(c)(1), (2) - Definitions of Residency for Venue
Judge Name
Laura Taylor Swain
Passage Text
- Plaintiff alleges that the Daily Voice is headquartered in Norwalk, Connecticut. It is not clear where DeMarco resides. Venue for Plaintiff's claims is therefore proper under Section 1391(b)(1) in the District of Connecticut.
- Although Plaintiff does not allege where the underlying events occurred, she does allege that one Defendant resides in Connecticut. Plaintiff does not reside in this District, and nothing in the complaint suggests any connection to this District. The District of Connecticut appears to be a more convenient forum for this action.
- The Clerk of Court is directed to transfer this action to the United States District Court for the District of Connecticut.