Sanchez v. Oronoz

Background

On May 2, 2025, the court ordered this action transferred to the United States District Court for the District of Puerto Rico under 28 U.S.C. § 1406. The stated reasons were that all defendants reside in Puerto Rico, the plaintiff’s claims arose there, and the plaintiff already had an action against the same defendants pending in Puerto Rico.

The plaintiff filed a motion for reconsideration on May 5, before the transfer became effective under Southern District of New York Local Civil Rule 83.1. The court explained that a court ordering a transfer generally loses jurisdiction over the case once the transfer occurs, but retains jurisdiction before the case papers are received by the clerk of the transferee court. Because the plaintiff filed her motion before the transfer took effect, the court considered the motion.

Arguments

The plaintiff expressed concern that the transfer would prevent her from withdrawing her related Puerto Rico case, identified in the opinion by docket number 25-CV-1118 (D.P.R.). She asserted that the judge presiding over that matter was biased and unable to provide a fair trial, and that she had been denied access to court documents.

She also argued that Puerto Rico’s court system was institutionally biased against her because of its alleged ties to the defendants. She asked the court to reconsider the transfer or, alternatively, to allow her to withdraw the related case and disqualify all officers of the Puerto Rico federal court involved in that matter. The opinion’s footnote states that her claims concerned her suspension from practicing law in Puerto Rico and the removal of her minor child from her custody.

Ruling

The court concluded that the plaintiff’s bias allegations were vague, conclusory, and unsupported by facts. It held that the pendency of the related case without action for several months did not establish bias or show that the presiding judge could not provide a fair trial. The court found no reason why the transfer order should not take effect.

The Clerk was directed, without further delay, to transfer this action to the District of Puerto Rico. The court stated that the transferee court would decide whether the plaintiff could proceed without prepaying fees, and that no summons would issue from the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied the plaintiff permission to proceed without prepaying fees for purposes of an appeal.