Ramani v. TuneCore Inc.

District Court, S.D. New York

Ramani v. TuneCore Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VALMIKI D. RAMANI, Plaintiff, 22-CV-2793 (LTS) -against- TRANSFER ORDER TUNECORE INC., Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Valmiki Ramani, who resides in Briarwood (Queens County), New York, brings this action pro se against TuneCore, Inc., a business located in Brooklyn (Kings County), New York. He alleges that Defendant violated his rights. For the following reasons, this action is transferred to the United States District Court for the Eastern District of New York. Under the general venue provision, a civil action may be brought in: (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred . . . ; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

28 U.S.C. § 1391

(b). For venue purposes, a “natural person” resides in the district where the person is domiciled.

28 U.S.C. § 1391

(c)(1). A defendant corporation generally resides “in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question . . ..”

28 U.S.C. § 1391

(c)(2). Plaintiff alleges that Defendant distributed his music “nationally and worldwide for monetary gain.” (ECF No. 2 at 2.) Because Plaintiff does not allege that Defendant resides in this district or that a substantial part of the events or omissions giving rise to his claims arose in this district, venue is not proper in this Court under Section 1391(b). Plaintiff alleges that the events giving rise to his claims occurred in Queens, New York, which is in the Eastern District of New York. See

28 U.S.C. § 112

(c). Accordingly, venue lies in the Eastern District of New York,

28 U.S.C. § 1391

(b)(2), and this action is transferred to the United States District Court for the Eastern District of New York,

28 U.S.C. § 1406

(a).

CONCLUSION The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies under

28 U.S.C. § 1915

(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States,

369 U.S. 438, 444-45

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: April 5, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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