Coston v. Onondaga County Justice Center
- Colleen McMahon
- 1:19-cv-10221
- U.S. District Court · Southern District of New York
- 2
In Coston v. Onondaga County Justice Center, Chief Judge McMahon denied the plaintiffs’ objection to transferring their case.
Rashod Coston and Derrick Harris, whose objection to transferring their action was denied without prejudice and directed to the Northern District of New York.
What happened
In Coston v. Onondaga County Justice Center, the Southern District of New York had transferred the plaintiffs’ case to the Northern District of New York because their claims arose in Onondaga County.
The plaintiffs sent an objection after the Clerk had already transferred the case. The court explained that it no longer had authority over the case after the transfer.
Chief Judge Colleen McMahon denied the objection without prejudice, allowing the plaintiffs to file it in the Northern District of New York.
The detailed version
- Coston v. Onondaga County Justice Center · No. 1:19-cv-10221
- Colleen McMahon
- Dec. 4, 2019
Background
The Southern District of New York previously ordered the transfer of Rashod Coston and Derrick Harris’s action to the Northern District of New York because the claims arose in Onondaga County. The Clerk transferred the case seven days after the transfer order, consistent with Local Civil Rule 83.1. The plaintiffs then submitted an objection to the transfer.
Court’s reasoning
The court explained that transferring a case generally removes the transferring court’s authority, or jurisdiction, over the action. A party opposing the transfer ordinarily must seek reconsideration in the court that received the case. The Southern District’s seven-day delay before transfer exists to give a party time to seek rehearing or appellate review, but the plaintiffs’ objection arrived after the Clerk had transferred the case.
Ruling
The court denied the plaintiffs’ objection to the transfer order without prejudice to filing the objection in the Northern District of New York. The Clerk was directed to mail the order to the plaintiff and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.