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Judge Scheindlin

ASTOR HOLDINGS, INC. v. STEEFEL, LEVITT & WEISS —Plaintiffs brought a legal malpractice action against Steefel, Levitt & Weiss, P.C. (“Steefel”) in New York State Supreme Court by filing a Summons With Notice. Steefel removed the action to this Court based on diversity of citizenship and then moved to dismiss for lack of personal jurisdiction or, alternatively, to transfer the case to the Northern District of California pursuant to either 28 U.S.C. §1404(a) (“section 1404(a)”) or 28 U.S.C. §1406 (“section 1406”). This was done without the benefit of a Complaint and before any jurisdictional discovery. Hence, there are neither jurisdictional allegations nor any specific allegations regarding the nature and scope of the alleged malpractice. Given this dearth of information, there is no basis on which to decide whether Steefel is subject to jurisdiction in New York or whether a change of venue is warranted for the convenience of parties and witnesses. However, because venue in the Southern District of New York is improper, the action will be transferred to the Northern District of California pursuant to section 1406.

 
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