Frazier v. South Shore University Hospital

Background

Cinquetta M. Frazier, who was representing herself and provided an address in Macon, Georgia, filed an action against South Shore University Hospital (Northwell Health); unidentified hospital administrators; unidentified medical staff; the New York State Division of Human Rights; and unidentified DHR investigators. She asserted claims under the Americans with Disabilities Act, 42 U.S.C. §§ 1983, 1985, and 1986, and the Emergency Medical Treatment and Labor Act. She alleged violations connected to medical treatment at South Shore University Hospital in Bay Shore, Suffolk County, New York, and to later proceedings before the New York State Division of Human Rights. She also filed a motion to vacate a decision of that agency.

Venue

The court explained that federal venue may be proper where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. The complaint did not state where any defendant resided, so the court could not determine whether venue was proper in the Southern District of New York under the residence-based provision.

The court concluded that, even assuming venue was proper in the Southern District, venue was also proper in the Eastern District of New York because the events giving rise to the claims occurred primarily at the hospital in Suffolk County. Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when doing so would serve the convenience of the parties and witnesses and the interests of justice.

Ruling

The court determined that transfer was appropriate. The underlying events occurred in Suffolk County, and the court found it reasonable to expect that relevant documents and witnesses would also be there. It therefore directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a).

The Southern District of New York did not decide whether Frazier may proceed without prepaying filing fees or whether her motion to vacate should be granted; the transferee court will decide those matters. The court stated that a summons would not issue from the Southern District, that the order closed the case in that court, and that any appeal would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal.