Opinion
23-CV-1303 (AT) (OTW)
05-12-2023
JUDY CHRISTIAN PERCIVAL, Plaintiff, v. KELLEY ZIMMERMAN, et al., Defendants.
ORDER
ONA T. WANG, UNITED STATES MAGISTRATE JUDGE
The Court is in receipt of Plaintiff's emails dated May 11, 2023, at 7:36 p.m. and May 11, 2023, at 11:12 p.m. (ECF Nos. 13 and 14). The Court is additionally aware of a third email sent to Judge Torres' chambers on May 12, 2023. (ECF 15). The Court construes these emails as motions for reconsideration of the Court's order transferring the case to the Eastern District of Pennsylvania. (ECF 12). Accordingly, the Clerk of Court is respectfully directed to Stay transfer of this case to the Eastern District of Pennsylvania until June 2, 2023.
The Court's Order to Show Cause explained that although Plaintiff claims that she applied for the job “in” New York, she worked remotely from her Florida home, and she does not provide any facts indicating that any unlawful employment practices occurred in New York, or that she would have worked in New York but for the unlawful employment practices. Additionally, attachments to Plaintiff's complaint indicate that Plaintiff's employer's principal office is in Pennsylvania. (See ECF 10). Because Plaintiff does not reside in New York, the individual defendants are not located here, and the relevant events do not appear to have occurred here, this Court does not appear to be a proper venue for Plaintiff's case. Instead, the Eastern District of Pennsylvania appears to be the proper legal venue for Plaintiff's case, and in Plaintiff's email dated May 10, 2023, Plaintiff agreed to the transfer.
Specifically, Plaintiff stated in her email “I do not hesitate to accept that my case [sic] transferred to the Eastern District of Pennsylvania. . .” (ECF 11).
However, Plaintiff now seeks to “rescind” her agreement to the transfer. (ECF 13). The Court reminds Plaintiff that transfer of the case to a different district court does not mean that the case is closed for all purposes - it only means that the case is taken out of the Southern District of New York and instead litigated in the federal court in the Eastern District of Pennsylvania. Once her case is transferred to that Court, that Court will handle her case, and give instructions and orders on how best to move her case along. Cognizant of the fact that Plaintiff is pro se, the Court will keep the case in the Southern District of New York to allow Plaintiff to state her arguments for why it should not be transferred to the Eastern District of Pennsylvania.
By May 26, 2023, Plaintiff shall file a letter on the docket, either 1) explaining to the Court why the case should stay in the Southern District of New York, even though neither she nor the individual defendants are located in New York; or 2) informing the Court of her agreement to transfer the case to the Eastern District of Pennsylvania, which appears to be the proper forum for the case.
The Court additionally reminds Plaintiff that pursuant to its Individual Practices, available at https://www.nysd.uscourts.gov/hon-ona-t-wang, all communications to the Court must be publicly filed on the docket and are NOT to be made via email or phone.
Plaintiff may consider contacting the New York Legal Assistance Group's (NYLAG) Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this court. The clinic is run by a private organization; it is not part of, or run by, the Court. It cannot accept filings on behalf of the Court, which must still be made by any pro se party through the Pro Se Intake Unit.
To receive limited-scope assistance from the clinic, parties may complete the clinic's intake form on their computer or phone at: https://tinyurl.com/NYLAG-ProSe-OI. If parties have questions regarding the form or they are unable to complete it, they may leave a voicemail at (212) 659-5190. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. A copy of the flyer with details of the clinic is attached to this order.
The Court further notes that the federal court for the Eastern District of Pennsylvania has a webpage providing information to litigants proceeding without an attorney. The webpage can be found at https://www.paed.uscourts.gov/pro-se.
SO ORDERED.