Cohen v. MacKay
- Subramanian
- 1:25-cv-00226
- U.S. District Court · Southern District of New York
- 1
In Cohen v. MacKay, Judge Subramanian transferred the action to the Eastern District of New York because venue was improper.
Martin L. Cohen's action against Frank MacKay was transferred from the Southern District of New York to the Eastern District of New York.
What happened
In Cohen v. MacKay, Martin Cohen sued Frank MacKay, alleging violations of the federal Constitution and the New York Trust Act.
The court had ordered Cohen to explain why the case belonged in the Southern District of New York because both parties were domiciled in the Eastern District and the events occurred there. Cohen did not file the requested explanation.
Judge Arun Subramanian ruled that transferring the action to the Eastern District of New York served the interests of justice. The court found no indication of forum shopping and no undue prejudice to MacKay, and transferred the action.
The detailed version
- Cohen v. MacKay · No. 1:25-cv-00226
- Subramanian
- Jan. 27, 2025
Background
Martin L. Cohen filed this action against Frank MacKay, alleging violations of the federal Constitution and the New York Trust Act. The opinion states that both parties were domiciled in the Eastern District of New York and that the events underlying the complaint occurred there.
Venue Issue
The court ordered Cohen to file a letter explaining why venue—the proper federal district for the case—was in the Southern District of New York. Cohen did not file the letter.
Under 28 U.S.C. § 1406(a), when an action is filed in the wrong district, the court must dismiss it or, when the interests of justice support that result, transfer it to a district where the action could have been brought. The court noted that it could order a transfer on its own initiative.
Ruling
The court found that transfer to the Eastern District of New York was in the interest of justice. It found no indication that Cohen filed in the Southern District to seek an improper advantage and found that transfer would not unduly prejudice MacKay. The court therefore transferred the action to the Eastern District of New York.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.