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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.Y
Jan 26, 2024
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Background

  • 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)
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Case Details

Case Name: Lee v. The Board of Education of the City of New York and/or the Department of Education of the City of New York
Court Name: District Court, E.D. New York
Date Published: Jan 26, 2024
Docket Number: 1:24-cv-00764
Court Abbreviation: E.D.N.Y