Lance Laconi v. Michael Ghosh

CourtDistrict Court, D. Massachusetts
DecidedDecember 24, 2025
Docket4:25-cv-10107
StatusUnknown

This text of Lance Laconi v. Michael Ghosh (Lance Laconi v. Michael Ghosh) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lance Laconi v. Michael Ghosh, (D. Mass. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) LANCE LACONI, ) Plaintiff, ) ) ) v. ) CIVIL ACTION ) NO. 25-CV-10107 MICHAEL GHOSH, ) Defendant. ) )

ORDER

December 24, 2025 Hennessy, M.J.

Plaintiff Lance Laconi (“Laconi”) filed this suit on January 15, 2025, bringing claims of Misrepresentation and Fraud/Deceit in violation of 11 U.S.C. § 507(a)(1)(A) or (a)(1)(B). [Dkt. No. 1, at ¶¶ 32]. The Complaint names Michael Ghosh (“Ghosh”) as the Defendant. Id. at ¶ 1. Defendant filed his Answer on May 23, 2025. [Dkt. No. 18]. On July 1, 2025, Defendant filed this Motion to Transfer Case to the Southern District of Indiana. [Dkt. No. 23]. Plaintiff filed his Opposition to Defendant’s Motion to Transfer Case on July 10, 2025. [Dkt. No. 25]. The parties appeared before the Court for a hearing on the matter on December 19, 2025. For the reasons that follow, Ghosh’s Motion to Transfer Case to the Southern District of Indiana is DENIED. I. FACTUAL BACKGROUND This matter arises out of the Chapter 7 Bankruptcy case of Luke Leon Tooley brought in the United States Bankruptcy Court for the District of Massachusetts. [Dkt. No. 1, ¶¶ 1, 6- 13]. Laconi filed a Proof of Claim (“POC 2”) in Tooley’s case, asserting a total claim of $9,200.00. Id. at ¶ 7. Subsequently, Ghosh filed a Proof of Claim (“POC 3”) in Tooley’s case, asserting a $159,567.13 claim and claiming that $47,300.51 of his claim was entitled to priority status as a domestic support obligation. Id. at ¶ 8. With respect to Ghosh’s $47,300 priority general unsecured claim, $7,500.00 was distributed to Ghosh from Tooley’s bankruptcy estate. Id. at ¶ 9. Laconi now alleges that Ghosh falsely claimed to have a priority claim during the bankruptcy proceeding and thus Laconi’s distribution was diminished when Ghosh’s claim was treated as priority. Id. at ¶¶ 9-13.

II. STANDARD FOR PROPER VENUE AND FACTORS GOVERNING TRANSFER There are three avenues for establishing proper venue: (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 a substantial part of property that is the subject of the action is situated; 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)(1)-(3). To effectuate 28 U.S.C. § 1391, 28 U.S.C. § 1404(a) provides that “[f]or the convenience of the 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 or to any district or division to which all parties have consented.” 28 U.S.C. § 1404(a). “As a threshold matter, the Court must determine whether this action could have properly been brought in the transferee court.” Boateng v. General Dynamics Corp., 460 F. Supp. 2d 270, 274 (D. Mass. 2006). It is then within the discretion of the district court “to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness.” Stewart Org. Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988). In making such a determination, the district court must consider various factors, including “1) the plaintiff's choice of forum, 2) the convenience of the parties, 3) the convenience of witnesses and location of documents, 4) any connection between the forum and the issues, 5) the law to be applied and 6) the state or public interest at stake.” Kleinerman v. Luxtron Corp., 107 F. Supp. 2d 122, 125 (D. Mass. 2000). Of these factors, the plaintiff’s choice of forum is entitled to “great weight.” Boateng, 460 F. Supp. 2d at 275 (quoting Fairview Mach. & Tool Co., Inc. v. Oakbrook Int’l, Inc., 56 F. Supp. 2d 134, 141 (D. Mass. 1999)). “A presumption in favor of plaintiff's choice of forum exists, and the burden of proving that transfer is warranted rests with the defendant.” Id. (quoting Princess House, Inc.

v. Lindsey, 136 F.R.D. 16, 18 (D. Mass 1991)). III. ANALYSIS a. This action could have properly been brought in the Southern District of Indiana. As noted, “the Court must determine whether this action could have properly been brought in the transferee court” as a threshold matter. Id. at 274. As stated in 28 U.S.C. § 1391, there are three places where venue is proper. 28 U.S.C. § 1391. This suit was filed by the plaintiff in the District of Massachusetts consistent with 28 U.S.C. § 1391(b)(2) as the District of Massachusetts is the “judicial district in which a substantial part of the events or omissions giving rise to the claim occurred[.]” 28 U.S.C. § 1391(b)(2). However, 28 U.S.C. § 1391(b)(1) allows for a suit to be brought in “a judicial district in which any defendant resides[.]” 28 U.S.C. § 1391(b)(1). The only defendant in this case, Michael Ghosh, maintains a principal place of residence in the State of Indiana, and thus the case could have been brought there pursuant to 28 U.S.C. § 1391(b)(1). [Dkt. No. 1, at ¶ 3]; see also [Dkt. No. 23, at p. 5]. For a case to be properly brought in a given district, that district must also have personal jurisdiction over the defendant. Fuld v. Palestine Liberation Org., 606 U.S. 1, 11 (2025) (quoting Lightfoot v. Cendant Mortgage Corp., 580 U.S. 82, 95 (2017)) (“We have long held that a ‘court

must have ... power over the parties before it (personal jurisdiction) before it can resolve a case.’”). In the “‘paradigm’ case, an individual is subject to general jurisdiction in her place of domicile.” Ford Motor Co. v. Montana Eighth Jud. Dist. Ct., 592 U.S. 351, 358-59 (2021). Because the Defendant maintains a principal place of residence in Indiana, does not purport to be domiciled in any other state, [Dkt. No. 1, at ¶ 3]; see also [Dkt. No. 23, at p.

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Lance Laconi v. Michael Ghosh, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lance-laconi-v-michael-ghosh-mad-2025.