Torres v. Universal Music Group N.V.
1:24-cv-03885
E.D.N.YJun 20, 2024Background
- Plaintiff John Adrian Torres filed a pro se action under the Anti-Cybersquatting Consumer Protection Act (ACPA) against Universal Music Group N.V. and Universal City Studios LLC.
- The complaint was filed in the United States District Court for the Eastern District of New York.
- Plaintiff paid the required filing fee to initiate the lawsuit.
- Plaintiff claims the court has personal jurisdiction because defendants' principal places of business are allegedly in the Eastern District of New York.
- However, the complaint states defendants have Manhattan addresses, which are actually in the Southern District of New York.
- The court issued an order to show cause as to why the case should not be transferred for improper venue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper Venue | Defendants are headquartered in the Eastern District | No argument on record | Venue improper in Eastern District; transfer indicated |
| Personal Jurisdiction | Court has personal jurisdiction over defendants | No argument on record | Jurisdiction depends on correct venue |
| Appropriate District | Defendants’ addresses alleged to be in correct district | No argument on record | Defendants’ addresses are in Southern District |
| Transfer or Dismissal | Not addressed | Not addressed | Inclined to transfer under 28 U.S.C. § 1406(a) |
Key Cases Cited
- Standing Stone Media, Inc. v. Indiancountrytoday.com, 193 F. Supp. 2d 528 (N.D.N.Y. 2002) (transferring ACPA action under §1406(a))
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for good faith appeal under in forma pauperis)
- Pisani v. Diener, 07-cv-5118 (E.D.N.Y. 2009) (transfer of venue when no events or parties tied to district)