Diamond Tucker St. Property, LLC v. Felicia B. Watson et al.

Summary

The Southern District of New York orders transfer of Diamond Tucker St. Property, LLC’s action against Felicia B. Watson and her law office to the District of Connecticut under 28 U.S.C. § 1406(a). The court concludes that venue and personal jurisdiction are likely improper in New York and South Carolina, while Connecticut has the relevant property and litigation connections; it notes that transfer would also be warranted under § 1404(a).

Holdings

1. Venue was almost certainly improper in the Southern District of New York because the claims had no connection to New York and concerned property and events centered in Connecticut.
2. When venue is improper, transfer to the District of Connecticut rather than dismissal was warranted because the action could have been brought there and personal jurisdiction and venue would be proper there.
3. The court appropriately addressed venue before personal jurisdiction because personal jurisdiction would likely exist in the transferee district.

Questions Presented

1. Whether venue was proper in the Southern District of New York under 28 U.S.C. § 1391(b).
2. If venue was improper, whether the action should be dismissed or transferred under 28 U.S.C. § 1406(a), and whether transfer to the District of Connecticut was appropriate.
3. Whether the court should address personal jurisdiction before venue.

Disposition

other