PIRS Capital, LLC v. Chen
- Analisa Torres
- 1:23-cv-10343
- U.S. District Court · Southern District of New York
- 1
In PIRS Capital v. Chen, Judge Torres adopted the recommendation, remanded the action to New York County Supreme Court under the forum-selection clause, and closed the federal case.
PIRS Capital, LLC and Derrick Chen. The action was returned to the Supreme Court of New York, New York County; pending motions became moot, deadlines and conferences were vacated, and the federal case was closed.
What happened
The case is PIRS Capital, LLC v. Derrick Chen, A/K/A/ Derrick Run Long Chen. Chen, representing himself, removed an action from the Supreme Court of the State of New York, New York County, to federal court. PIRS Capital moved to send the case back to state court.
A magistrate judge recommended granting PIRS Capital’s motion and remanding the action under the parties’ forum-selection clause. Neither party objected to that recommendation, so the court reviewed it for an obvious error and found none.
Judge Analisa Torres adopted the recommendation in full and remanded the matter to the New York County Supreme Court. The court declared pending motions moot, canceled all deadlines and conferences, and directed the Clerk to remand the action and close the federal case.
The detailed version
- PIRS Capital, LLC v. Chen · No. 1:23-cv-10343
- Analisa Torres
- Aug. 26, 2024
Background
On November 11, 2023, Defendant Derrick Chen, proceeding without a lawyer, removed to the U.S. District Court for the Southern District of New York an action that was pending in the Supreme Court of the State of New York, New York County. PIRS Capital, LLC later moved to remand, meaning to return, the action to state court.
The court referred PIRS Capital’s motion to Magistrate Judge Gary Stein. Judge Stein issued a Report and Recommendation proposing that the motion be granted and that the action be remanded under the parties’ forum-selection clause, which is an agreement choosing where disputes will be litigated.
Court’s Review
No objections to the Report and Recommendation were filed, and the deadline for objections passed. When no objection is made, the district court reviews the recommendation for clear error—an obvious mistake. Judge Torres found no clear error in Judge Stein’s analysis.
Ruling and Effect
Judge Analisa Torres adopted the Report and Recommendation in its entirety. The court remanded the matter to the Supreme Court of New York, New York County. The court also ruled that any pending motions were moot, vacated all deadlines and conferences, and directed the Clerk of Court to remand the action and close the federal case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.