Lee v. The Board of Education of the City of New York and/or the Department of Education of the City of New York
1:24-cv-00764
E.D.N.YJan 26, 2024Background
- Plaintiff Clare Lee brought a suit against the New York City Department of Education and its Board alleging discrimination and retaliation under federal, state, and local law.
- The case was initially filed in the Southern District of New York, but immediately after, the plaintiff notified the Court it was filed in the wrong district.
- Plaintiff requested a transfer to the Eastern District of New York, asserting it was the proper venue.
- Plaintiff resides in Kings County, which is within the Eastern District of New York.
- The alleged acts of discrimination and retaliation occurred at a school also located in the Eastern District.
- The Court considered the relevant factors for transfer under 28 U.S.C. § 1404(a) and determined that transfer was appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper Venue | Complaint was erroneously filed; seeks transfer to Eastern District | Not contested in the opinion | Case should be transferred to the Eastern District |
| Weight of Plaintiff’s Choice | Plaintiff resides in the Eastern District, not the Southern | Not discussed | Choice of forum given less weight |
| Locus of Operative Facts | Events occurred in the Eastern District | Not discussed | Operative facts centered in Eastern District |
| Convenience of Parties/Witnesses | Transfer would serve convenience and justice | Not discussed | Transfer is in the interest of justice |
Key Cases Cited
- Corley v. United States, 11 F.4th 79 (2d Cir. 2021) (outlines the district court’s discretion in transferring cases under 28 U.S.C. § 1404(a) and factors to consider)
- D.H. Blair & Co. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (provides the analytical framework for assessing transfer under § 1404(a))
- Zepherin v. Greyhound Lines, Inc., 415 F. Supp. 2d 409 (S.D.N.Y. 2006) (addresses the weight given to a plaintiff's choice of forum)
