Blau v. Fisher et al

Filing 3

ORDER This matter has recently been reassigned to me. Rule 18(a)(3) of the Southern District of New York's Rules for the Division of Business provides for circumstances when a civil case shall be designated for assignment to White Plains, an d when it may be designated for assignment to White Plains. The Complaint in this matter alleges that the subject property is located in New Jersey and that Plaintiff, as well as Defendants Fisher, Spitzer, Gratt, Anisfeld, and Muller are resident s of New Jersey. (Doc. 2 paragraph 1, 7-12). While the Complaint alleges that the other Defendants are citizens of the State of New York (id. paragraph 13-24), the Complaint does not otherwise identify whether the claim arose in any part of the No rthern Counties or whether any of the parties reside in the Northern Counties. Indeed, based on the Civil Cover Sheet (Doc. 2-4), it appears that the New York parties are located in the counties of Queens and New York. The foregoing suggests that the case must be assigned to Manhattan. Plaintiff is therefore directed to, by March 10, 2025, either: 1) amend the complaint to specify what part of the claim arose out of the Northern Counties or which parties reside in the Northern Counties suc h that the case should be assigned to the White Plains courthouse, or 2) inform the Court via letter that the case should more properly be assigned to Manhattan. SO ORDERED. (Amended Pleadings due by 3/10/2025.) (Signed by Judge Philip M. Halpern on 3/5/2025) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------X
ABRAHAM BLAU,
v.

Plaintiff,

ORDER
25-CV-01562 (PMH)

SHLOMO FISHER a/k/a SOL FISHER,
et al.,
Defendants.
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PHILIP M. HALPERN, United States District Judge:

This matter has recently been reassigned to me. Rule 18(a)(3) of the Southern District of
New York’s Rules for the Division of Business provides for circumstances when a civil case
shall be designated for assignment to White Plains, and when it may be designated for
assignment to White Plains. The Complaint in this matter alleges that the subject property is
located in New Jersey and that Plaintiff, as well as Defendants Fisher, Spitzer, Gratt, Anisfeld,
and Muller are residents of New Jersey. (Doc. 2 ¶¶ 1, 7-12). While the Complaint alleges that the
other Defendants are citizens of the State of New York (id. ¶¶ 13-24), the Complaint does not
otherwise identify whether the claim arose in any part of the Northern Counties or whether any
of the parties reside in the Northern Counties. Indeed, based on the Civil Cover Sheet (Doc. 2-4),
it appears that the New York parties are located in the counties of Queens and New York.
The foregoing suggests that the case must be assigned to Manhattan. Plaintiff is therefore
directed to, by March 10, 2025, either: 1) amend the complaint to specify what part of the claim
arose out of the Northern Counties or which parties reside in the Northern Counties such that the
case should be assigned to the White Plains courthouse, or 2) inform the Court via letter that the
case should more properly be assigned to Manhattan.

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SO-ORDERED:
Dated: White Plains, New York
March 5, 2025
____________________________
Philip M. Halpern
United States District Judge

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