Barbour v. Northwell Health
- Laura Swain
- 1:22-cv-08381
- U.S. District Court · Southern District of New York
- 3
In Barbour v. Northwell Health, Judge Swain transferred the Title VII case to the Eastern District of New York because the events occurred there.
Patricia A. Barbour and Northwell Health; the action was moved from the Southern District of New York to the Eastern District of New York.
What happened
In Barbour v. Northwell Health, Patricia A. Barbour, representing herself, alleged that Northwell Health discriminated against her because of her religion after she refused vaccination and was fired. She worked at a Northwell location in Nassau County, and she stated that Northwell’s headquarters was there; she resides in Suffolk County.
The Southern District of New York said it was a proper venue, but found that the Eastern District of New York would be more convenient. Nassau and Suffolk Counties are both in the Eastern District, and the court gave Barbour’s choice of the Southern District less weight because she does not live there and the events underlying her claims did not occur there.
Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York under the federal transfer statute. The Southern District case was closed, no summons would issue from that court, and Barbour was denied permission to appeal without paying fees.
The detailed version
- Barbour v. Northwell Health · No. 1:22-cv-08381
- Laura Swain
- Oct. 13, 2022
Background
Patricia A. Barbour brought this self-represented action under Title VII of the Civil Rights Act of 1964. She alleged that Northwell Health discriminated against her based on religion after she refused to be vaccinated and Northwell fired her. The opinion states that Barbour resides in Suffolk County, worked at a Northwell location in Nassau County, and said Northwell’s headquarters is located in Nassau County.
Transfer Analysis
The court explained that a Title VII employment case may be filed in a federal district in the state where the alleged unlawful employment practice occurred. Because the events occurred in New York, the Southern District of New York was a proper venue. But under 28 U.S.C. § 1404(a), a court may transfer a case filed in a proper venue to another district where it could have been brought when the transfer would promote convenience and the interests of justice.
The court considered the location of the underlying events, the parties’ convenience, and the plaintiff’s choice of forum. It found that the events occurred in Nassau County, where Northwell maintains an office and its headquarters, and that Barbour resides in Suffolk County. Because neither Barbour nor the operative events were connected to the Southern District, the court gave her choice of that forum less weight. Nassau and Suffolk Counties are both within the Eastern District of New York.
Disposition
The court transferred the action to the United States District Court for the Eastern District of New York under Section 1404(a). The Clerk was directed to transfer the case, no summons was to issue from the Southern District, and the order stated that the case was closed there. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion did not decide whether Barbour’s discrimination allegations were valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.