Doe v. Pistilli

Background

Jane Doe brought one claim under the Fair Housing Act, a federal law that prohibits discrimination in housing. On February 27, 2023, she asked for permission to amend her complaint based on facts that had arisen during the preceding month. She also requested a temporary restraining order, but did not identify an imminent harm or a date by which she wanted the restraint imposed. The defendants asked for a conference concerning her request to file a new complaint.

Transfer Analysis

Before addressing those requests, the court concluded that the case should be transferred from the Southern District of New York to the Eastern District of New York. Federal law permits transfer to a district where the case could have been brought when transfer would serve the convenience of the parties and witnesses and the interests of justice.

The court found that the relevant factors favored transfer. Doe resides in Astoria, Queens, which is in the Eastern District of New York, so her choice of the Southern District received less weight. The alleged conduct occurred in the building where she lives, also in Queens. Defendant Sajo Kolenovic lives in Astoria, and Pistilli Realty Group and 30-86 323nd Street LLC allegedly manage the building. The court stated that witnesses and documents related to the claim would presumably be found in the Eastern District of New York.

Ruling

The court ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. It canceled the March 6, 2023 telephone conference and stated that the court receiving the case could address Doe’s pending requests after the transfer. The opinion did not decide whether Doe could amend her complaint, whether she was entitled to a temporary restraining order, or whether her Fair Housing Act claim had merit.