Chan v. Mamdani
- Laura Swain
- 1:26-cv-05959
- U.S. District Court · Southern District of New York
- 4
Chan v. Mamdani: Chief Judge Swain transferred the Brooklyn-related case to the Eastern District of New York for proper venue and convenience.
Yu Hin Chan and Feifei Gu must pursue the action, if permitted to proceed, in the United States District Court for the Eastern District of New York rather than the Southern District of New York. The transferee court will decide whether they may proceed without prepaying filing fees.
What happened
In Yu Hin Chan; Feifei Gu v. Zohran Mamdani, et al., the plaintiffs, representing themselves, brought claims including malicious prosecution based on events in Brooklyn. They sued numerous defendants and described disputes involving a proposed homeless shelter, protests, arrests, loans, court proceedings, evictions, and police activity.
The court said it could not determine whether venue was proper in the Southern District because the plaintiffs did not provide the defendants’ residences. It also concluded that the events occurred in Brooklyn, where relevant witnesses and documents were likely located, making the Eastern District of New York a more appropriate court.
Chief Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York. The Southern District case was closed, no summons would issue there, and the court denied permission to appeal without prepaying fees; the transferee court would decide whether the plaintiffs could proceed without prepaying filing fees.
The detailed version
- Chan v. Mamdani · No. 1:26-cv-05959
- Laura Swain
- July 20, 2026
Background
Yu Hin Chan and Feifei Gu, who the opinion says reside in Brooklyn, brought the action without lawyers. They asserted malicious-prosecution claims based on events arising in Brooklyn and named numerous defendants. The allegations described a proposed homeless shelter in Bensonhurst; protests and an arrest involving Susan Zhuang; alleged sponsorship of protests and loans involving Emily Hui Chen-Liang, Hang Chen, and Cathy Bank; proceedings in Kings County Supreme Court and housing court; and claims involving the New York City Police Department’s 62nd Precinct.
Venue Analysis
The court explained that federal law generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. The plaintiffs did not allege facts about the defendants’ residences, so the court could not determine whether venue was proper in the Southern District of New York based on residence.
The court further concluded that venue did not appear proper in the Southern District based on where the events occurred. The alleged events took place in Brooklyn, in Kings County, which is within the Eastern District of New York. The court found venue proper there because a substantial part of the events occurred there.
Transfer and Disposition
Under 28 U.S.C. § 1404(a), a court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. Judge Laura Taylor Swain determined that transfer was appropriate because the underlying events occurred in Brooklyn and it was reasonable to expect that relevant documents and witnesses would also be in Kings County.
The court ordered the Clerk to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District of New York, and no summons would issue from that court. The court left to the transferee court the question whether the plaintiffs could proceed without prepaying 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 resolved venue and transfer; it did not decide the merits of the plaintiffs’ claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.