Nowicki v. National Railroad Passenger Corp., No. 1:2019cv09595 - Document 10 (S.D.N.Y. 2019)
Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, the Clerk of Court is directed to transfer this case to the Eastern District of New York forthwith (i.e., without waiting the seven days specified in Local Civil Rule 83.1) and to close the case on this Court's docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/31/2019) (ama)
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Nowicki v. National Railroad Passenger Corp. Doc. 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : ADAM NOWICKI, : : Plaintiff, : : -v: : NATIONAL RAILROAD PASSENGER CORP., : : Defendant. : : ---------------------------------------------------------------------- X 19-CV-9595 (JMF) MEMORANDUM OPINION AND ORDER JESSE M. FURMAN, United States District Judge: Plaintiff Adam Nowicki initiated this action under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 52 et seq., by filing a Complaint on October 17, 2019. ECF No. 1. The allegations concern an injury Plaintiff sustained while working in Sunnyside Yard, Queens, New York — which is located in the Eastern District of New York, not the Southern District. Id. ¶ 10. Although the Court gave Plaintiff two opportunities to show cause why the case should not be transferred in the interest of justice, see ECF Nos. 6, 9, Plaintiff failed to do so, responding only that venue is proper in the Southern District of New York. see ECF No. 8. Under Section 1404(a), the Court may transfer the case “to any other district . . . where it might have been brought” “[f]or the convenience of the parties and witnesses” and “in the interest of justice.” 28 U.S.C. § 1404(a). Given that the events giving rise to Plaintiff’s claims substantially occurred in Queens, this case could properly have been brought in the Eastern District. See 28 U.S.C. § 1391(b). The Court finds that the convenience of the parties and witnesses and the interest of justice would be served by transferring the case there. Accordingly, the Clerk of Court is directed to transfer this case to the Eastern District of New York forthwith (i.e., without waiting the seven days specified in Local Civil Rule 83.1) and to close the case on this Court’s docket. SO ORDERED. Dated: October 31, 2019 New York, New York ____________________________________ JESSE M. FURMAN United States District Judge Dockets.Justia.com
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