Avila v. Jemcare, LLC
- Laura Swain
- 1:25-cv-03090
- U.S. District Court · Southern District of New York
- 4
In Avila v. Jemcare, LLC, Judge Swain transferred the disability-rights case to the Eastern District of New York because Brooklyn and Queens were more convenient.
Jimmy Avila and the defendants are affected because the action was transferred from the Southern District of New York to the Eastern District of New York. The transferee court will decide whether Avila may proceed without prepaying filing fees.
What happened
In Avila v. Jemcare, LLC, Jimmy Avila, representing himself, sued Jemcare, LLC, Martin Itzkowitz, Brianna Tordero, and Goodwill Industries. He alleged that they violated the Americans with Disabilities Act, the Rehabilitation Act, and state law by denying him supportive housing.
The court explained that Avila had not alleged where the defendants resided, so it was unclear whether venue was proper in the Southern District of New York. But he alleged that the events occurred in Brooklyn and Queens, both in the Eastern District of New York. The court also said that documents and witnesses were likely to be located there.
Judge Laura Taylor Swain transferred the action to the Eastern District of New York under the federal transfer statute. The Southern District case was closed, no summons would issue there, and the transferee court would decide whether Avila could proceed without paying filing fees. The court also denied permission to appeal without prepaying fees.
The detailed version
- Avila v. Jemcare, LLC · No. 1:25-cv-03090
- Laura Swain
- Apr. 24, 2025
Background
Jimmy Avila brought this action without a lawyer under federal-question jurisdiction. He alleged violations of the Americans with Disabilities Act, the Rehabilitation Act, and state law based on the denial of supportive housing. The defendants were Jemcare, LLC; Martin Itzkowitz, identified as a chief executive officer; Brianna Tordero, identified as a director of a care-management program; and Goodwill Industries.
Venue Analysis
The court applied 28 U.S.C. § 1391, the general federal venue statute. Avila did not allege the defendants’ residences, so the court could not determine whether venue was proper based on where all defendants resided. Avila did allege that the events underlying his claims occurred in Brooklyn and Queens. The court stated that both areas are within the Eastern District of New York, making venue proper there based on where a substantial part of the events occurred.
The court also explained that, under 28 U.S.C. § 1404(a), a court may transfer a case—even when venue is proper—to another district where the case could have been brought when the transfer would serve the convenience of the parties and witnesses and the interests of justice. The court concluded that transfer appeared appropriate because the events occurred in Brooklyn and Queens, the defendants were employed there, and relevant documents and witnesses were reasonably expected to be located there.
Ruling and Disposition
The court transferred the action to the United States District Court for the Eastern District of New York under § 1404(a). It directed the Clerk of Court to carry out the transfer, stated that the Southern District action was closed, and ordered that no summons issue from that court. The court left to the transferee court the question whether Avila could continue without paying filing fees. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide whether Avila’s disability or state-law claims were legally valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.