Jaye v. Knuckles, Komosinski & Manfro, LLP
1:21-cv-11546
D.N.J.May 5, 2021Background
- Pro se plaintiff Chris Ann Jaye, a New Jersey resident, sued ~97 defendants in the Southern District of New York alleging federal and New Jersey law violations.
- Defendants include several New York law firms and a bank, but the majority are New Jersey actors (state and county judges, state officials, county employees, private individuals).
- The alleged events and related court proceedings occurred in New Jersey.
- Plaintiff paid the filing fee and summonses were issued by the SDNY clerk.
- SDNY determined venue was not proper because not all defendants reside in New York and a substantial part of the events occurred in New Jersey.
- The court transferred the case to the U.S. District Court for the District of New Jersey, terminated pending motions, directed the clerk to mail the order to plaintiff, and certified that any appeal would not be taken in good faith (denying in forma pauperis status for appeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue in SDNY | Some defendants have NY offices; case filed in SDNY | Majority of defendants and events are in New Jersey; venue improper in SDNY | Venue not proper in SDNY; transfer to District of New Jersey under §1406(a) |
| IFP for appeal | Plaintiff paid filing fee; seeks leave to appeal | Appeal not taken in good faith | Court certified appeal not in good faith; IFP denied for appeal |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for determining whether an appeal is taken in good faith)