DeMarco v. Party Boat Central of Freeport, Inc.

Background

Taylor Ann DeMarco sued Med Party Boat, Inc., Party Boat Central of Freeport, Inc., and Ryan T. Cooke over personal injuries allegedly caused by a slip-and-fall accident aboard a party cruise.

Transfer analysis

The court considered transfer under 28 U.S.C. § 1404(a), which allows a federal court to move a case for the convenience of the parties and witnesses and in the interest of justice. The court explained that it could order a transfer on its own initiative and considered the relevant convenience and fairness factors.

The court noted that DeMarco is a citizen of Connecticut and resides in Branford, Connecticut, rather than in the Southern District of New York. It also found that all defendants either reside or do business in Hempstead, Nassau County, which is in the Eastern District of New York. The boat involved in the accident boarded, departed, and returned from docks in Freeport, New York, also in Nassau County. The court concluded that venue was proper in the Eastern District of New York.

Ruling

Judge Nelson S. Roman concluded that the totality of the circumstances supported transfer in the interest of justice. The court directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York and to close the case. The opinion did not decide the merits of DeMarco's personal-injury claims.