Bell v. Weinreb Management LLC
- Laura Swain
- 1:24-cv-02436
- U.S. District Court · Southern District of New York
- 3
Bell v. Weinreb Management LLC: Chief Judge Swain transferred Bell’s Americans with Disabilities Act lawsuit to Brooklyn’s federal district because the alleged events occurred there.
Anthony George Bell’s ADA case against Weinreb Management LLC and Jacob Weinreb was transferred from the Southern District of New York to the Eastern District of New York. The transferee court will decide whether Bell may proceed without prepaying filing fees.
What happened
In Bell v. Weinreb Management LLC, Anthony George Bell, representing himself, sued Weinreb Management LLC and Jacob Weinreb under the Americans with Disabilities Act. Bell alleged that they discriminated against people receiving Section 8 housing and threatened him with extra rent.
The court said the alleged events occurred at Bell’s apartment complex in Brooklyn, in Kings County, which is in the Eastern District of New York. It found that district more convenient because Bell, possible witnesses, and relevant documents were there, and transferred the case under the federal venue-transfer law.
Chief Judge Laura Taylor Swain ordered the transfer, closed the case in the Southern District of New York, and directed that the Eastern District court decide whether Bell could continue without paying filing fees. The court also said no summons would issue there and denied fee-free status for an appeal.
The detailed version
- Bell v. Weinreb Management LLC · No. 1:24-cv-02436
- Laura Swain
- Apr. 12, 2024
Background
Anthony George Bell, representing himself, brought an action under the Americans with Disabilities Act (ADA) against Weinreb Management LLC and Jacob Weinreb. The opinion states that Weinreb Management LLC is located in New York County and that Jacob Weinreb owns the company. Bell lives in Kings County, New York.
Bell alleged that the defendants failed to remedy ADA violations at his apartment complex in Brooklyn and tried to obtain extra rent by threatening to take him to court. The opinion quotes Bell’s allegation that the defendants discriminated against certain people receiving Section 8 housing.
Venue and Transfer
The court discussed the federal venue statute, which identifies where a civil case may be filed. Because the alleged events occurred at Bell’s Brooklyn apartment building, the court concluded that venue was proper in the Eastern District of New York under the provision allowing a case to be filed where a substantial part of the events occurred. The court noted that it did not know where Jacob Weinreb resides, so it was unclear whether venue was proper under the separate provision concerning defendants’ residence.
The court then applied the federal transfer statute, which allows a court to transfer a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. It found that the underlying events occurred in Brooklyn, where Bell and potential witnesses reside and where relevant documents would be located. The Eastern District of New York therefore appeared to be the more convenient forum.
Disposition
The court transferred the action to the United States District Court for the Eastern District of New York. The Clerk was directed to carry out the transfer. The order closed the case in the Southern District of New York, and no summons was to issue from that court. The Eastern District court was left to decide whether Bell could proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied Bell permission to appeal without prepaying fees.
Judge Laura Taylor Swain did not decide whether Bell’s ADA allegations were legally valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.