Algodonera De Las Cabezas, S.A. v. American Suisse Capital, Inc.

Algodonera de las Cabezas, S.A. (“Algodonera”) appeals the district court’s sua sponte dismissal of its diversity suit for improper venue. The district court based its dismissal on 28 U.S.C. § 1391(a)(3), which provides that diversity suits may be brought in a “judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.” The district court concluded that because the suit could have been brought in New York, Algodonera could not rely on § 1391(a)(3), and the suit was due…