McAllister v. Russell
- Kenneth Karas
- 7:19-cv-06150
- U.S. District Court · Southern District of New York
- 2
In Kenneth McAllister v. Miles J. Russell, Judge Karas adopted the recommendation, paused discovery, and ordered transfer to Delaware.
The plaintiffs and defendants in the case are affected by the pause in discovery and the transfer of the case to the District of Delaware.
What happened
In Kenneth McAllister v. Miles J. Russell, a magistrate judge recommended pausing discovery and transferring the case to the District of Delaware because venue was improper in the Southern District of New York.
No party objected to the recommendation. The district court therefore reviewed it only for a clear error on the record and found none.
Judge Kenneth M. Karas adopted the recommendation in full, ordered discovery held in abeyance, and directed the Clerk of Court to transfer the case to the District of Delaware.
The detailed version
- McAllister v. Russell · No. 7:19-cv-06150
- Kenneth Karas
- Feb. 13, 2020
Background
On January 14, 2020, Magistrate Judge Smith issued a Report and Recommendation. The recommendation was to hold discovery in abeyance, meaning to pause discovery, and transfer the case to the District of Delaware because venue was improper in the Southern District of New York. The recommendation stated that objections were due within 17 days and warned that failing to object would prevent later appellate review of any resulting order or judgment.
No objections were filed.
Court’s Review
Because there were no objections, Judge Karas reviewed the Report and Recommendation only for clear error on the face of the record. The court found no clear error and adopted the recommendation in its entirety.
Disposition
The court ordered that discovery be held in abeyance and directed the Clerk of Court to transfer the case to the District of Delaware.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.