Mascioli v. Chevron U.S.A Inc.
- Laura Swain
- 1:24-cv-10082
- U.S. District Court · Southern District of New York
- 4
In Mascioli v. Chevron, Judge Swain transferred this pro se state-tort case to the Eastern District of New York because Nassau County was more convenient.
The order affects Michelle Mascioli, who must pursue the action in the Eastern District of New York, and the defendants, Chevron U.S.A., Inc. and Liberty Utilities (New York Water) Corp. The receiving court will decide whether Mascioli may proceed without prepaying filing fees.
What happened
Michelle Mascioli sued Chevron U.S.A., Inc. and Liberty Utilities (New York Water) Corp. over alleged harm from a toxic-chemical spill in Oceanside, New York. She represented herself.
The Southern District of New York concluded that the Eastern District of New York was a proper and more convenient venue because the events occurred in Nassau County, where Mascioli resides and where relevant witnesses and documents were likely located. The court transferred the case there under the federal transfer statute.
Judge Swain directed the Clerk to transfer the action and said the receiving court would decide whether Mascioli could proceed without paying filing fees. The Southern District case was closed, no summons would issue from that court, and the court denied fee-free status for any appeal.
The detailed version
- Mascioli v. Chevron U.S.A Inc. · No. 1:24-cv-10082
- Laura Swain
- Jan. 13, 2025
Background
Michelle Mascioli, who represented herself, brought state-law tort claims against Chevron U.S.A., Inc. and Liberty Utilities (New York Water) Corp. The claims arose from an alleged toxic-chemical spill in Oceanside, Nassau County, New York. The opinion refers to the second defendant in the discussion as “Liberty Utilities Corporation.”
Venue Analysis
Venue is the federal district where a case may properly be heard. Mascioli did not allege where either defendant resided, so the court said it was unclear whether venue was proper in the Southern District of New York under the rule concerning a defendant’s residence. However, the alleged events occurred in Oceanside, which is in Nassau County and therefore in the Eastern District of New York. The court concluded that venue would be proper there based on the location of the events.
The court also applied 28 U.S.C. § 1404(a), which allows a federal court to transfer a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. It found transfer appropriate because the events occurred in Nassau County, Mascioli resides there, and relevant documents and witnesses could reasonably be expected to be there. The Eastern District therefore appeared to be the more convenient forum.
Order
The court transferred the action to the United States District Court for the Eastern District of New York. It directed the Clerk of Court to carry out the transfer, stated that the receiving court would decide whether Mascioli could proceed without prepaying filing fees, and ordered that no summons issue from the Southern District. The order closed the case in the Southern District. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.