Zietek v. Pinnacle Nursing & Rehab Center

Background

On August 8, 2022, Genevieve Zietek asked to move the case from the federal courthouse in Manhattan to the federal courthouse in White Plains. Judge James L. Cott denied the request on September 12, 2022. Zietek appealed that decision and later filed another letter supporting the appeal.

Court’s Analysis

The court explained that decisions on requests to change the courthouse for a case are non-dispositive, meaning they do not decide the parties’ underlying claims. The court therefore reviewed Judge Cott’s decision under the clearly erroneous standard, which asks whether the decision was plainly mistaken.

The Southern District of New York’s courthouse-assignment rules generally provide for assignment to White Plains when specified connections exist to certain northern counties or when the claim arose outside the Southern District under stated conditions. Judge Cott found that a change was inappropriate because both Zietek and Pinnacle Nursing & Rehab Center were located in the Bronx, which is within the Manhattan courthouse’s area. The events underlying the lawsuit also occurred in the Bronx. The court held that the conditions for assignment to White Plains were not met and that Judge Cott’s ruling was not clearly erroneous.

Ruling

Judge Analisa Torres denied Zietek’s appeal and affirmed Judge Cott’s order. The Clerk of Court was directed to terminate the appeal at ECF No. 62.