Persuad v. City of New York

District Court, S.D. New York

Persuad v. City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK nanan enna ene ene eee eee neen FRANCES PERSAUD, et. all, 20 Civ. 2057 (PAC) - i t- aa ORDER THE CITY OF NEW YORK, et. al. Defendant(s). wane teen rere eee eee een Whereas, a preliminary conference was held before Judge Paul A. Crotty, a Justice of the United States District Court, Southern District of New York, on March 8, 2022, at 2:30 in the afternoon via telephone; and Whereas, and the parties having agreed that Plaintiff shall withdraw all federal claims under USC § 1983 without prejudice; and, Whereas, the parties have agreed to re-initiate this case at New York Supreme Court provided that both parties retain all statutory protections including, without limitation, the defense of the statute of limitations; and Whereas, Plaintiff shall continue to pursue all claims asserted under New York State Law: and Whereas, there remains no federal questions before this court; and Whereas, the decision “whether to dismiss or transfer a case ‘lies within the sound discretion of the district court.’” Blakely v. Lew,

607 F. App’x 15, 18

(2d Cir. 2015) (quoting Minnette v. Time Warner,

997 F.2d 1023, 1026

(2d Cir. 1993)); see also Gonzalez v. Hasty,

651 F.3d 318, 324-25

(2d Cir. 2011) (noting that “‘[c]ourts enjoy considerable discretion in deciding whether to transfer a case in the interest of justice” THEREFORE, IT IS HEREBY ORDERED that in this interest of justice, that this action shall be re-initiated at the NEW YORK SUPREME COURT, BRONX COUNTY. See

28 U.S.C. § 1406

(a). The Clerk is directed to close this case. (Link fy hat, Paul A. Crotty United States District Judge Dated: 2 /'* /2022 New York, NY

Reference

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