Franklin v. GMAC Mortgage

Filing 5

MEMORANDUM ORDER transferring action to the United States District Court for the Northern District of Texas. Signed by Judge Gregory M. Sleet on 7/26/13. (cla, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

TOM FRANKLIN,

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) Civ. No. 13-1086-GMS
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Plaintiff,

v.
GMAC MORTGAGE,
Defendant.

MEMORANDUM ORDER
At Wilmington this

21f \ay of T~

, 2013;

IT IS ORDERED that the Clerk of coin is directed to transfer this action to the United
States District Court for the Northern District of Texas, Forth Worth Division, for the reasons
that follow:
The plaintiff, Tom Franklin ("Franklin"), who resides in Fort Worth, Texas, filed this
lawsuit pursuant to the Fair Debt Collections Practices Act. (D.!. 2.) He appears pro se and was
granted permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (D.!.4.) The
action is brought against GMAC Mortgage ("GMAC") and seeks $10,000,000 in compensatory
damages, as well as injunctive relief, in connection with foreclosure proceedings instituted by
GMAC against property that appears to be owned by Franklin.
A civil action wherein jurisdiction is not founded solely on diversity of citizenship is
properly 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 a substantial part of property

that is the subject of the action is situated; or (3) ifthere 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).
The Court may transfer a case, "[ f] or the convenience of parties and witnesses, in the interest of
justice, ... to any other district or division where it might have been brought." Id. § 1404(a).
The Court may raise venue and issue a Section 1404(a) transfer order sua sponte. See e.g., Arnica

Mut. Ins. Co. v. Fogel, 656 F.3d 167 (3d Cir. 2011).
Here, it appears that a substantial part, if not all, of the events or omissions giving rise to
Franklin's claims occurred in, and that the property at issue in this action is situated in, Fort
Worth, Texas. Fort Worth, Texas lies in Tarrant County and is within the Fort Worth Division of
the Northern District of Texas. See 28 U.S.C. § 124(a)(2). The court considers the allegations in
the complaint and finds the interests ofjustice favor transferring the action to the Fort Worth
Division of the Northern District of Texas, where the property is located and where, based upon
the allegations, it appears most of the witnesses are located.
In addition, the court notes that Franklin filed identical complaints in the United States
District Court for the Eastern District of Pennsylvania, Franklin v. GMAC Mortgage, Civ. No.
13~171~WY

(E.D. Pa. Feb. 6,2013), dismissed without prejudice to the right to file suit in

another jurisdiction, affirmed on appeal, and in the United States District Court for the Northern
District of Texas, Fort Worth Division, Franklin v. GMAC Mortgage, Civ. No. 13-444-Y (N.D.
Tex.), where it remains pending. 1

lThe Fort Worth Division case was originally filed in the Dallas Division of the United
States District Court for the Northern District of Texas. It was transferred sua sponte pursuant to
2

For the above reasons, the Clerk of Court is directed to transfer this action the United
States District Court for the Northern District of Texas, Forth Worth Division.

28 U.S.C. § 1404(a) on May 30, 2013. Franklin v. GMAC Mortgage, Civ. No. 13-1680-D (N.D.
Tex.)
3