Summary
The court overruled Plaintiff Mario Mirabal’s objections to a magistrate judge’s order transferring three related foreclosure-related cases from the Southern District of New York to the Southern District of Florida under 28 U.S.C. § 1404(a). The court held that the transfer order was neither clearly erroneous nor contrary to law, emphasizing that the subject property, relevant events, parties, and applicable Florida law were principally connected to Florida.
Holdings
- A motion to transfer venue under 28 U.S.C. § 1404(a) is a nondispositive motion that may be decided by a magistrate judge.
- The magistrate judge's order transferring the actions to the Southern District of Florida was neither clearly erroneous nor contrary to law.
- The private and public interest factors favored transfer to the Southern District of Florida.
Questions Presented
- Whether the magistrate judge properly treated the venue-transfer motion under 28 U.S.C. § 1404(a) as a nondispositive matter subject to review under Federal Rule of Civil Procedure 72(a).
- Whether the order transferring the three related actions from the Southern District of New York to the Southern District of Florida was clearly erroneous or contrary to law.
- Whether the private and public interest factors under 28 U.S.C. § 1404(a) favored transfer to the Southern District of Florida.
Disposition
other
Cases Cited (7)
- RBG Mgmt. Corp. v. Vill. Super Mkt., Inc., 2024 WL 50239, at *1 n.1 (S.D.N.Y. Jan. 4, 2024)(followed)
- Mulgrew v. United States Dep't of Transportation, 717 Supp. 3d 281, 284 (E.D.N.Y. 2024)(followed)
- Moeller-Bertram v. Gemini Tr. Co., LLC, 2024 WL 1860061, at *2 (S.D.N.Y. Apr. 29, 2024)(followed)
- Keitt v. N.Y. City, 882 F. Supp. 2d 412, 459-60 (S.D.N.Y. 2011)(followed)
- N.Y. Marine & Gen. Ins. Co. v. Lafarge N. Am., Inc., 599 F.3d 102, 112 (2d Cir. 2010)(followed)
- NYC Vision Cap., Inc. v. C21FC, LLC, 2022 WL 2527611, at *2 (S.D.N.Y. July 7, 2022)(followed)
- Wistron Neweb Corp. v. Genesis Networks Telecom Servs., LLC, 2022 WL 17067984, at *6 (S.D.N.Y. Nov. 17, 2022)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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