Gu v. Chen
1:24-cv-05113
E.D.N.YJul 11, 2024Background
- Plaintiff Feifei Gu, proceeding pro se, filed suit against RE/MAX Real Estate Professionals, its owner Chat Mui Chan, its agent Hang Chen, and the United States of America.
- The claims arise from alleged incidents and related civil and criminal proceedings in Brooklyn, New York (Kings County).
- Plaintiff previously filed a similar case based on related facts in the Southern District of New York, which was also transferred to the Eastern District of New York.
- Plaintiff asserts venue is proper in the Southern District because she reported alleged crimes to the FBI office in that district and alleges FTCA claims against the U.S. government for failure to investigate.
- The court reviewed venue under 28 U.S.C. §§ 1391 and 1404(a), considering both proper venue and convenience factors.
- The court determined the bulk of operative facts—and the plaintiff’s residence—are in Kings County (Eastern District of New York), where a related case is already pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper Venue | Venue proper in SDNY due to FBI contact | (No argument from Defendants stated) | Venue is proper only in EDNY as events occurred there |
| FTCA claim venue | SDNY appropriate for FTCA against U.S. | (No argument from Defendants stated) | Venue for FTCA proper in either district, but transfer is appropriate |
| Transfer for Convenience (1404(a)) | No clear argument against transfer | (No argument from Defendants stated) | Transfer to EDNY warranted for convenience and efficiency |
| Status of pending related case | No objection; relatedness noted | (No argument from Defendants stated) | Existence of related EDNY action supports transfer |
Key Cases Cited
- D.H. Blair & Co. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (district courts have broad discretion to transfer cases for convenience under Section 1404(a))
- Iragorri v. United Tech. Corp., 274 F.3d 65 (2d Cir. 2001) (plaintiff’s forum choice given less deference if not residing there or if operative events didn't occur there)
- N.Y. Marine and Gen. Ins. Co. v. LaFarge No. Am., Inc., 599 F.3d 102 (2d Cir. 2010) (factors for consideration in venue transfer motions)