Jane Doe v. University of Chicago
- Laura Swain
- 1:21-cv-10487
- U.S. District Court · Southern District of New York
- 6
In Jane Doe v. University of Chicago, Judge Swain transferred the action from New York to Illinois because Illinois was the more appropriate federal district.
Jane Doe's action was moved from the Southern District of New York to the Northern District of Illinois. The Illinois court will decide the pseudonym and sealing requests; the defendants remain parties to the transferred action.
What happened
In Jane Doe v. University of Chicago, Jane Doe, representing herself, brought claims under the Racketeer Influenced and Corrupt Organizations Act and state law. She also asked to proceed under a pseudonym and to seal her complaint.
The court found that New York was not a proper location for the claims under the Racketeer Influenced and Corrupt Organizations Act or one part of the general venue law. Although some events allegedly occurred in New York, more of the events occurred while Doe attended law school in Chicago, and Illinois was also a proper venue.
Judge Laura Taylor Swain transferred the action to the United States District Court for the Northern District of Illinois. The Illinois court will decide whether Doe may continue using a pseudonym and whether the complaint should remain sealed; the New York court also denied fee-free appeal status.
The detailed version
- Jane Doe v. University of Chicago · No. 1:21-cv-10487
- Laura Swain
- Feb. 18, 2022
Background
Jane Doe, who represented herself, asserted claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and state law against the University of Chicago, the University of Chicago Medical Center, and individual defendants. She also requested permission to proceed under a pseudonym and asked that her complaint be sealed. She had paid the filing fees.
Venue analysis
The court considered RICO's civil venue provision and the general federal venue statute. The court concluded that Doe had not alleged facts showing that any defendant resided, was found, had an agent, or conducted affairs in the Southern District of New York for purposes of RICO venue. She also had not shown that at least one defendant resided in the district and that all defendants resided in New York, as required under one part of the general venue statute.
The court determined that New York could still be a proper venue under another part of the general venue statute because some alleged events occurred there. But the Northern District of Illinois was also a proper venue, and a significantly greater portion of the alleged events occurred in Chicago while Doe attended the University of Chicago Law School. The court stated that relevant documents and witnesses were therefore likely to be located in Illinois.
Transfer and other rulings
Applying the federal transfer statute, which permits moving a case for the convenience of the parties and witnesses and in the interest of justice, the court concluded that transfer was appropriate. It directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of Illinois and stated that the New York action was closed.
The court deferred to the transferee court—the court receiving the case—whether Doe could proceed under a pseudonym and whether the complaint should be sealed. For caution, the New York Clerk had listed her as Jane Doe publicly and restricted access to the complaint. The court also certified that an appeal would not be taken in good faith and denied fee-free appeal status. Judge Laura Taylor Swain signed the order.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.