Bernstein v. Oorah Inc. d/b/a The Zone Camp

Background

Kelly Bernstein began the action in Supreme Court, Rockland County, on August 4, 2020. Oorah, Inc. d/b/a The Zone Camp removed the case to the Southern District of New York on October 1, 2020, relying on the federal removal statutes and a local rule.

Venue and Possible Transfer

The court explained that the federal removal statute, rather than the ordinary federal venue statute, governs the initial venue of a removed case. It also explained that a removed case may be transferred under 28 U.S.C. § 1404(a) for the convenience of the parties and witnesses and in the interest of justice.

Based on the complaint, the court stated that the events giving rise to Bernstein’s claims appeared to have occurred in Schoharie County, New York, within the Northern District of New York. The court therefore stated that the Northern District might be a more appropriate venue.

Order

The court ordered the parties, jointly or separately, to notify it in writing by October 16, 2020, whether venue was proper in the Southern District of New York and whether the case should be transferred to the Northern District of New York under Section 1404(a). The court also ordered defense counsel to email the order to plaintiff’s counsel by October 5, 2020, and file proof of that service on the electronic docket. Judge Vincent Briccetti did not transfer the case in this order.