Cohen v. MacKay
Filing
7
ORDER Accordingly, the court sua sponte transfers this action to the Eastern District of New York. (And as further set forth herein.) SO ORDERED. (Signed by Judge Arun Subramanian on 1/27/2025) (jca) Transmission to Office of the Clerk of Court for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARTIN L. COHEN,
Plaintiff,
25-CV-226 (AS)
-against-
ORDER
FRANK MACKAY,
Defendant.
ARUN SUBRAMANIAN, United States District Judge:
On January 3, 2025, Martin Cohen filed suit against Frank MacKay, alleging violations of
the federal constitution and the New York Trust Act. Dkt. 1 at 9. On January 13, 2025, the Court
ordered Cohen to file a letter explaining why venue is proper in this district, given that both parties
are domiciled in the Eastern District and the events giving rise to Cohen’s complaint occurred in
the Eastern District. Dkt. 4. Cohen filed no such letter.
If an action is filed in the wrong district court, a court “shall dismiss, or if it be in the
interest of justice, transfer such case to any district or division in which it could have been
brought.” 28 U.S.C. § 1406(a). A court may do so sua sponte. See Reed v. Pfizer, Inc., 2022 WL
16857316, at *2 (E.D.N.Y. Sept. 28, 2022).
Here, the Court finds that transfer to the Eastern District of New York is in the interest of
justice. There is no indication in the complaint that Cohen sued in the Southern District of New
York to forum shop, nor would transferring unduly prejudice the defendant. See Gibbon v.
Fronton, 661 F. Supp. 2d 429, 436 (S.D.N.Y. 2009). Accordingly, the court sua sponte transfers
this action to the Eastern District of New York.
SO ORDERED.
Dated: January 27, 2025
New York, New York
ARUN SUBRAMANIAN
United States District Judge
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