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McCarthy v. DOJ, No. 24-4501, 2024 U.S. Dist. LEXIS 165608 (S.D.N.Y. Sept. 10, 2024) (Taylor Swain, C.J.)

Date

McCarthy v. DOJ, No. 24-4501, 2024 U.S. Dist. LEXIS 165608 (S.D.N.Y. Sept. 10, 2024) (Taylor Swain, C.J.)

Re: Request for records concerning specific criminal case

Disposition:  Transferring case to the United States District Court for the Eastern District of New York

  • Litigation Considerations, Venue:  The court finds that “[v]enue of Plaintiff’s FOIA claim does not appear to be proper in this district under Section 552(a)(4)(B).”  “This is not a district in which Plaintiff resides or in which the agency records are situated.”  “Venue of the FOIA claim lies in the District of Columbia or in the Eastern District of New York, where Plaintiff is domiciled.”  “Plaintiff contends that venue is proper in this district for her claims arising from the car accident in Panama because the insurer . . . is located in New York.”  “Even where venue is proper in the district where a case was filed, a court may transfer the case to any other district where it might have been brought ‘[f]or the convenience of parties and witnesses, in the interest of justice.’”  “Plaintiff’s claims arising from a car accident in Panama arose outside this district, and appear to touch on matters related to litigation in the Eastern District of New York.”  “Because Plaintiff does not reside in this district, and the operative events did not take place in this district, her choice of this forum is entitled to less deference.”  “After consideration of the relevant factors, the Court concludes that transfer is appropriate to the United States District Court for the Eastern District of New York.”
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Venue and Removal
Updated October 17, 2024