Elena D. Diaz; Felix Martinez de la Cruz v. Richard James Fraser; Karen Fraser

Diaz v. Fraser, 26-CV-3511 (LTS) (S.D.N.Y. May 5, 2025) · United States District Court for the Southern District of New York · May 5, 2026 · No. 26-CV-3511 (LTS)

Summary

The United States District Court for the Southern District of New York transferred the plaintiffs’ pro se diversity action to the District of New Hampshire. The court concluded that venue was improper in New York because the defendants resided in New Hampshire and the car accident giving rise to the claims occurred there, and ordered transfer under 28 U.S.C. § 1406(a).

Court
United States District Court for the Southern District of New York
Jurisdiction
United States District Court for the Southern District of New York
Decision date
May 5, 2026
Docket number
26-CV-3511 (LTS)
Disposition
transferred

Questions Presented

  1. Whether venue was proper in the Southern District of New York under 28 U.S.C. § 1391(b).
  2. Whether the action should be transferred to the District of New Hampshire in the interest of justice under 28 U.S.C. § 1406(a).

Holdings

  1. Venue was not proper in the Southern District of New York because defendants reside in New Hampshire and the events giving rise to plaintiffs' claims occurred in New Hampshire.
  2. The action should be transferred to the United States District Court for the District of New Hampshire because venue was proper there and transfer was in the interest of justice.

Court Document

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