Huertas v. Ward
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
_________________________________________ ) PABLO HUERTAS, et al., ) ) Plaintiffs, ) ) v. ) Case No. 19-cv-02570 (APM) ) CARRIE WARD, et al., ) ) Defendants. ) _________________________________________ )
MEMORANDUM OPINION
Plaintiffs Pablo and Elsa Huertas bring this action arising out of the foreclosure of their
home in Maryland. See Compl., ECF No. 1. They claim, in essence, that the foreclosure was
illegally secured based on Defendants’ filing of false documents in the Circuit Court for
Montgomery Country. See id. ¶ 12. They assert a host of claims—some actual causes of action,
some not—that generally sound in tort, though they also claim a violation of
42 U.S.C. § 1983.
See
id. at 1, 11–13.
The court grants Defendants’ motion to dismiss this action for lack of venue. See
28 U.S.C. § 1406(a). None of the grounds for proper venue obtain in this District. None of the defendants
reside here; they are all residents of Maryland. See Compl. at 1. None of the alleged conduct
occurred here; it all occurred in Maryland. See generally
id.Nor is the subject property located
here; it is in Maryland. See Carrie Ward’s Mem. of Law in Support of Mot. to Dismiss, ECF No.
5-1, at 1. Furthermore, this action may “otherwise be brought” in the District of Maryland.
See
28 U.S.C. § 1391(b)(3); see also State of Maryland & Montgomery County Sherriff’s Mem. of Law in Support of Mot. to Dismiss, ECF No. 10-1, at 4. Accordingly, this District is not the
proper venue for this action.
The court declines to transfer this matter in the “interest of justice” to the District of
Maryland. See
28 U.S.C. § 1406(a). “[D]ismissal is appropriate where the plaintiff’s claims have
obvious substantive problems.” Ananiev v. Wells Fargo Bank, N.A.,
968 F. Supp. 2d 123, 132(D.D.C. 2013) (internal quotation marks omitted). Here, Plaintiffs’ complaint, even read liberally,
does not set forth a cognizable claim supported by well-pleaded facts. Transfer therefore is not in
the interest of justice.
For the foregoing reasons, the court grants Defendants’ motions to dismiss, ECF Nos. 5,
9, 10, and denies Plaintiffs’ motions, ECF Nos. 1, 2, 3. A separate final order accompanies this
Memorandum Opinion.
Dated: October 21, 2019 Amit P. Mehta United States District Court Judge
2
Reference
- Status
- Published