Gutierrez v. Commissioner of Social Security
- Vyskocil
- 1:24-cv-06669
- U.S. District Court · Southern District of New York
- 3
In Gutierrez v. Commissioner of Social Security, Judge Vyskocil transferred Gutierrez’s case to the Eastern District of New York because she lives there.
Ana Emily Gutierrez’s Social Security review case will proceed in the Eastern District of New York instead of the Southern District of New York. The Commissioner’s motion to transfer was granted, and the case was closed in the Southern District.
What happened
Ana Emily Gutierrez, representing herself, asked the court to review a final Social Security decision. She listed her residence as Bayshore, New York, in Suffolk County.
The Commissioner of Social Security asked to transfer the case from the Southern District of New York to the Eastern District of New York. Gutierrez did not oppose the motion, even after receiving additional time to respond.
Judge Mary Kay Vyskocil granted the motion to transfer. The court directed the Clerk to transfer the case to the Eastern District of New York and close the case in the Southern District of New York; the ruling did not decide the underlying Social Security dispute.
The detailed version
- Gutierrez v. Commissioner of Social Security · No. 1:24-cv-06669
- Vyskocil
- May 12, 2025
Background
Ana Emily Gutierrez, proceeding without a lawyer, brought an action under the Social Security Act seeking review of a final decision by the Commissioner of Social Security. In her complaint, Gutierrez stated that she lived at an address in Bayshore, New York. The case was filed in the Southern District of New York.
Motion to Transfer
The Commissioner moved under Federal Rule of Civil Procedure 12(b)(3), 42 U.S.C. § 405, and 28 U.S.C. § 1406(a) to transfer the case to the Eastern District of New York. Gutierrez did not file a timely opposition. After a magistrate judge gave her until January 23, 2025, to respond, she still filed no response.
The court explained that the Social Security Act requires a challenge to a final decision to be brought in the federal district where the plaintiff resides, among other specified circumstances. The court treated this venue requirement as mandatory. It found that Gutierrez’s stated residence in Bayshore, which is in Suffolk County, placed the case in the Eastern District of New York rather than the Southern District of New York.
Ruling
Judge Mary Kay Vyskocil granted the Commissioner’s motion to transfer the case to the United States District Court for the Eastern District of New York. The Clerk was directed to mail the order to Gutierrez, transfer the case, and close the case in the Southern District of New York. The opinion addressed venue only and did not decide whether Gutierrez was entitled to relief on the underlying Social Security claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.