Florea v. Bocra

939 F. Supp. 2d 78, 2012 WL 7961882
CourtDistrict Court, D. Puerto Rico
DecidedApril 5, 2012
DocketCivil No. 11-2102 (GAG)
StatusPublished
Cited by1 cases

This text of 939 F. Supp. 2d 78 (Florea v. Bocra) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florea v. Bocra, 939 F. Supp. 2d 78, 2012 WL 7961882 (prd 2012).

Opinion

ORDER

BRUCE J. McGIVERIN, United States Magistrate Judge.

Plaintiff Victoria Florea (“Florea”), a resident of Massachusetts, filed this case in the courts of Puerto Rico against various defendants. The ease was removed to this court. (Docket No. 1). Co-defendants Terry Gilbeau (“Gilbeau”) and Checkmate Investigative Services, Inc. (“Checkmate”) then moved to dismiss for lack of personal jurisdiction over them, or, in the alternative, to transfer the case to the Eastern District of California pursuant to 28 U.S.C. § 1404(a). (Docket No. 2). Florea, appearing pro se, has opposed (Docket No. 21), and the moving defendants replied. (Docket No. 25}. The presiding district judge denied the motion to dismiss without prejudice, and referred the alternative motion to transfer to me for disposition. (Docket No. 4).

The' complaint alleges that the various defendants were employed to investigate whether Flórea’s former spouse, Francis Driscoll, was hiding assets in violation of the couple’s separation agreement. These defendants include Gilbeau and Checkmate (both residents of California), Nicole Bocra (“Bocra”) and Infinity Investigative Services (“Infinity”) (who reside and/or conduct business in New Jersey and/or Virginia), and two “John Doe” defendants who allegedly reside in Puerto Rico.

As alleged, Bocra, a private investigator and the owner of Infinity, agreed to search for any assets Driscoll might be hiding in Puerto Rico and elsewhere, and allegedly secured the services of Gilbeau and Checkmate, as well as the two Puerto Rico-based “John Doe” defendants. Relying on defendants’ assurances that Driscoll indeed had accounts in one or more banks in Puerto Rico, Florea filed lawsuits against Driscoll and Banco Popular. These lawsuits were unsuccessful, resulting in damages to Florea. In the complaint, Florea seeks to recover money she paid the defendant investigators, as well litigation expenses related to her unsuccessful lawsuits, alleging that the evidence that the investigators provided to her to substantiate her claims against Driscoll “did not exit and was ‘created’ to turn a profit or the alleged documents ... did not come from the banking institutions mentioned by the codefendants or because the obtention [sic] of same was contrary to the law and violated several statutes and regulations.” (Docket No. 1-2, p. 6). Moreover, “the information [the defendants] provided was legally insuffi[80]*80dent and had apparently been obtained in a way that failed to comply with several statutes and/or regulations and/or never existed.” Id. at 7.

As mentioned, Gilbeau and Checkmate seek to transfer this case to the Eastern District of California pursuant to 28 U.S.C. § 1404(a). That section provides that “[f|or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404(a). The decision to transfer pursuant to section 1404 is within the discretion of the court, Codex Corp. v. Milgo Elec. Corp., 553 F.2d 735, 737 (1st Cir.1977), and the burden of proving that a transfer is warranted rests with the defendant. Fairview Mach. & Tool Co., Inc. v. Oakbrook Int'l, Inc., 56 F.Supp.2d 134, 141 (D.Mass.1999) (internal citation and quotation omitted). A reviewing court must consider several factors, including convenience to the parties and witnesses, the availability of documents, and the interests of justice. Id. “Because there is a presumption in favor of the plaintiffs choice [of forum], transfer is not appropriate where its effect is merely to shift the inconvenience from one party to the other.” Kleinerman v. Luxtron Corp., 107 F.Supp.2d 122, 125 (D.Mass.2000) (citations omitted).

Importantly, a case may be transferred pursuant to Section § 1404(a) only to a district where it originally may have been brought. 28 U.S.C. § 1404(a). The threshold question, then, is whether plaintiff could have originally filed this case in the Eastern District of California, because if that question is answered in the negative, then the motion to transfer must fail. In diversity cases, venue is proper only in “(1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district in which a substantial part of the events ... giving rise to the claim occurred ..., or (3) a judicial district in which any defendant is subject to personal jurisdiction ..., if there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(a).

In this case, section 1391(a)(1) does not provide a basis for filing this case originally in California, since not all of the named defendants reside there. Indeed, the complaint alleges that defendants Bora and Infinity Investigative Services are licensed and conduct their business in New Jersey and/or Virginia, and that two “John Doe” defendants live and work in Puerto Rico. (Docket No. 1-2). Nevertheless, Gil-beau and Checkmate contend that the case originally could have been filed in California pursuant to section 1391(a)(2), alleging that a substantial part of the events giving rise to the claim occurred there. (Docket No. 25, p. 3 — 4).1 To this end, the moving defendants point out that Gilbeau conducted all of his work from his office in California, and that the “basis for plaintiff FLOREA’s claims” arises from the parties’ communications “across jurisdictions (Massachusetts, Virginia and California ...).” (Docket No. 25, p. 3). Gilbeau cites no authority to support the conclusion that this small showing suffices to demonstrate that a substantial part of the events giving rise to liability occurred where the moving defendants lived and worked. Even assuming, however, that this showing would suffice' to allow original venue in California, the moving defendants have not met their burden of establishing that California would be a more convenient venue than Puerto Rico.

[81]*81Initially, original venue in Puerto Rico is proper under 28 U.S.C. § 1391(a)(2), since a substantial number of the alleged events giving rise to the claim occurred in Puerto Rico. See 28 U.S.C. § 1391(a)(2). Multiple districts may be considered sites where a “substantial part” of the claim’s events took place. The operative question is “whether the district the plaintiff chose had a substantial connection to the claim, whether or not other forums had greater contacts." Setco Enters. Corp. v. Robbins, 19 F.3d 1278, 1281 (8th Cir.1994) (emphasis added). In Uffner v. La Reunion Francaise, S.A., 244 F.3d 38

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Cite This Page — Counsel Stack

Bluebook (online)
939 F. Supp. 2d 78, 2012 WL 7961882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florea-v-bocra-prd-2012.