Nizami v. Woods
| Citation | 263 F. Supp. 124 |
| Decision Date | 11 January 1967 |
| Docket Number | No. 66 Civ. 3207.,66 Civ. 3207. |
| Parties | Edna NIZAMI, Susan Nizami, an infant under the age of 14 years, by her parent and natural guardian, Mohammed Nizami, and Mohammed Nizami, Plaintiffs, v. Robert WOODS, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Barry, McTiernan & Congdon, New York City, Roger P. McTiernan, New York City, of counsel, for plaintiffs.
Theodore T. Weiser, New York City, Alex Goodman, New York City, of counsel, for defendant.
Plaintiffs, residents of Maryland, brought this diversity suit against a resident of Baldwinsville, New York (located in the Northern District of New York) for damages arising out of an automobile accident in Baldwinsville.
Defendant's motion to dismiss the action on the ground of improper venue is granted without prejudice. Plaintiffs' cross-motion, purportedly under 28 U.S. C.A. § 1404(a) for an order directing that the action remain in this District, is denied.
Since none of the parties reside in this District and since the accident did not occur here, a civil action founded on diversity of citizenship may not be brought here, there being no venue here, 28 U.S.C.A. § 1391(a) and (f). 28 U.S. C.A. § 1406(a) provides:
"The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."
Since the action could not have been "brought" in this District and since plaintiffs have furnished no reasons why it would be more in the interest of justice for the Court to transfer the case rather than to dismiss it without prejudice, defendant's motion to dismiss is granted without prejudice.
Plaintiffs' cross-motion for an order that this Court retain the action or transfer the case to itself is based on 28 U.S.C.A. § 1404(a) — a statute which vests no authority in this Court to grant such relief. Section 1404(a) provides a means to accommodate the convenience of the parties by referring a suit to an appropriate forum, but it is inapplicable unless venue is properly laid in the court which is asked to make the transfer. Hargrove v. Louisville & N. R. Co., 153 F. Supp. 681 (W.D.Ky.1957). Since venue in this District is improper, § 1404(a) quite clearly does not apply. Furthermore, even if this Court did have the power to apply § 1404(a) in this instance, it would be of...
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Thornton v. Toyota Motor Sales USA Inc.
...is improper in this court, transfer under 28 U.S.C. § 1404(a) is foreclosed. 1 Moore's Federal Practice, ¶ 0.145 3.-1; Nizami v. Woods, 263 F.Supp. 124 (S.D.N.Y. 1967); Viaggio v. Field, 177 F.Supp. 643 (D.Md.1959). Therefore, the question now becomes whether the case should be dismissed or......
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Safeco Ins. Co. of America v. Miller
...would be in the interest of justice. M. Dean Kaufman, Inc. v. Warnaco, Inc., 299 F.Supp. 722, 724 (D.Conn. 1969), Nizami v. Woods, 263 F.Supp. 124, 125 (S.D.N.Y.1967); Anno., 3 ALR Fed. 467 at § 28 (1970). See also D'Amico v. Treat, 379 F.Supp. 1004, 1008 (N.D.Ill. 1974), aff'd, 510 F.2d 97......
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...Ga. 1975) (holding that "[s]ince venue is improper in this court, transfer under 28 U.S.C. ' 1404(a) is foreclosed"); Nizami v. Woods, 263 F. Supp. 124, 125 (D.C.N.Y. 1967) ("Section 1404(a) provides a means to accommodate the convenience of the parties by referring a suit to an appropriate......
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Eccles v. United States
...interests of justice, as required by the statute. M. Dean Kaufman, Inc. v. Warnaco, Inc., 299 F.Supp. 722 (D.Conn.1969); Nizami v. Woods, 263 F.Supp. 124 (S.D.N.Y. 1967). In this case, neither party has moved, or even requested, the transfer of this case to the Court of Claims. Defendant's ......