Anderson v. Pathak
- Analisa Torres
- 1:20-cv-11005
- U.S. District Court · Southern District of New York
- 3
In Anderson v. Pathak, Judge Torres ordered an amended pleading and warned the case could be transferred for improper venue.
The order affected Clinton Anderson and the defendants, Bharatkum Pathak, Fombrun Sejour, and Yellow Dog Leasing, LLC, by requiring Anderson to provide additional citizenship information and potentially moving the case to the Eastern District of New York.
What happened
Clinton Anderson sued Bharatkum Pathak, Fombrun Sejour, and Yellow Dog Leasing, LLC, claiming negligence caused personal injuries in a motor vehicle accident. He relied on federal jurisdiction based on the parties’ citizenship and filed in the Southern District of New York.
The court questioned whether venue was proper there. It noted that the complaint did not provide the citizenship information required for Yellow Dog Leasing, LLC, and alleged that the accident occurred in Queens County, suggesting the Eastern District of New York might be the proper venue.
Judge Analisa Torres ordered Anderson to amend his pleading by January 19, 2021, to provide the required citizenship information. She stated that if he did not amend or show that venue was proper, the court would transfer the case to the Eastern District of New York.
The detailed version
- Anderson v. Pathak · No. 1:20-cv-11005
- Analisa Torres
- Jan. 5, 2021
Background
Clinton Anderson brought a negligence action against Bharatkum Pathak, individually and as an agent, servant, and/or employee of Fombrun Sejour and Yellow Dog Leasing, LLC. Anderson sought relief for personal injuries allegedly sustained in a motor vehicle accident. He invoked federal subject-matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332 and alleged that venue was proper in the Southern District of New York.
Venue concerns
The court examined venue under 28 U.S.C. § 1391(b). It stated that, as far as the court was aware, Pathak and Sejour were not residents of the Southern District of New York. The complaint alleged that Yellow Dog Leasing, LLC maintained its principal place of business in Queens County, but the court explained that, if Yellow Dog was a limited liability company, the complaint also had to identify the citizenship of each individual member and the place of incorporation and principal place of business of any corporate members. Without that information, Anderson had not demonstrated that venue was proper under § 1391(b)(1).
The court also noted that Anderson alleged the injury and events giving rise to the action occurred in Queens County. That allegation indicated that venue was not proper under § 1391(b)(2). Because Queens County is within the Eastern District of New York, the court was inclined to transfer the case there in the interest of justice under 28 U.S.C. § 1406.
Order
Judge Analisa Torres ordered Anderson to amend his pleading by January 19, 2021, to allege the citizenship of each constituent person or entity. The court stated that if Anderson failed to amend within the deadline, or failed to show both that venue was proper in the Southern District of New York and that the action should not be transferred in the interest of justice, the court would transfer the case to the United States District Court for the Eastern District of New York. The order did not decide whether the defendants were negligent or whether Anderson was entitled to relief for his injuries.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.