Yan Luis v. Medley, Inc.

Background

Kevin Yan Luis sued Medley, Inc., asserting claims under the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law. He alleged that Medley failed to design and operate a website that was fully accessible and independently usable by blind or visually impaired people.

The complaint stated that Medley was an Oregon limited liability company, that Luis resided in Kings County, and that the relevant events or omissions occurred there. Luis nevertheless alleged that venue was proper in the Southern District of New York because Medley conducted substantial business there and because he had attempted to use the website in that district.

Venue Analysis

The court discussed the federal venue statute, which permits a civil action in certain districts connected to the defendant or to the events underlying the claims. When venue is improper, 28 U.S.C. § 1406(a) permits a court to dismiss the case or, when appropriate, transfer it to a district where the case could have been brought. The court explained that transfer is ordinarily the preferred remedy and that a court may order a transfer on its own initiative.

The court found that the complaint clearly alleged that Luis resided in Kings County and that his attempts to access Medley's website occurred there. It also found that there did not appear to be any specific connection to the Southern District of New York.

Disposition

The court TRANSFERS the action to the United States District Court for the Eastern District of New York. The clerk was directed to transfer the case file, and the transferee court will address any pending motions. The order did not decide the merits of Luis's disability-related claims.

Judge

Nelson S. Roman, United States District Judge.