Raymond v. BJ'S Wholesale Club, Inc.
- Andrew Carter
- 1:23-cv-03975
- U.S. District Court · Southern District of New York
- 2
In Raymond v. BJ’S Wholesale Club, Judge Carter transferred the removed case to the Eastern District of New York because Nassau County belongs there.
The plaintiff, Anthony Raymond, and the defendant, BJ’S Wholesale Club, Inc.; the case will proceed in the Eastern District of New York rather than the Southern District of New York.
What happened
Raymond v. BJ’S Wholesale Club, Inc. began in New York state court and was removed by BJ’S Wholesale Club, Inc. to the Southern District of New York.
The court explained that federal law generally permits removal only to the federal district covering the place where the state case is pending. The case was filed in Nassau County, and the events involved occurred there; Nassau County is covered by the Eastern District of New York. BJ’S did not respond to the court’s order asking why the case should not be transferred.
The court transferred the case to the Eastern District of New York and directed the Clerk to remove it from the Southern District of New York’s docket. Judge Andrew L. Carter, Jr. issued the order.
The detailed version
- Raymond v. BJ'S Wholesale Club, Inc. · No. 1:23-cv-03975
- Andrew Carter
- May 24, 2023
Background
BJ’S Wholesale Club, Inc. removed the case from the Supreme Court of the State of New York, County of Nassau, to the U.S. District Court for the Southern District of New York on May 12, 2023.
Reason for Transfer
The court explained that 28 U.S.C. § 1441(a) allows a case to be removed only to the federal district court for the district and division covering the place where the state action is pending. This case was filed in Nassau County, and the events underlying the lawsuit took place there. The court stated that Nassau County is covered by the Eastern District of New York, not the Southern District of New York.
The court issued an order requiring BJ’S to explain in writing by May 19, 2023, why the case should not be transferred to the Eastern District of New York. BJ’S did not respond.
Disposition
The court transferred the case to the U.S. District Court for the Eastern District of New York under 28 U.S.C. § 1406(a). It directed the Clerk of Court to transfer the case and remove it from the Southern District of New York’s docket. Judge Andrew L. Carter, Jr. signed the order on May 24, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.