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16-2644 - Puszyk v. Delta Air Lines, Inc.


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16-2644 - Puszyk v. Delta Air Lines, Inc.
June 27, 2016
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MEMORANDUM Order. Defendant Delta Airlines, Inc. ("Delta") has noticed up for presentment on June 29 its motion for alternative relief: (1) dismissal of the Complaint brought against it by Michael Puszyk ("Puszyk") under forum non conveniens principles or (2) transfer of the situs of this action from this judicial district. This Court has reviewed Puszyk's Complaint in light of Delta's motion, and it is crystal clear that Complaint paragraph 5 as drafted by Puszyk's counsel is simply untrue: Venue is proper in this District under 28 U.S.C. ยง 1391. This memorandum order is issued as a heads-up to Puszyk's counsel to be prepared for a ruling by this Court at the time of presentment. Because there is certainly no reason to keep this action here, Puszyk's counsel must be prepared to respond to both of Delta's alternative arguments. Signed by the Honorable Milton I. Shadur on 6/27/2016:Mailed notice(clw, )
June 28, 2016
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MEMORANDUM Order: This Court's extremely brief June 27 memorandum order alerted both sides to the incorrectness of the allegation by Michael Puszyk ("Puszyk") that sought to place venue in this judicial district, thus anticipating the scheduled June 29 presentment of the alternative motion by Delta Air Lines, Inc. ("Delta") (1) to dismiss on forum non conveniens principles or (2) to transfer this action to the United States District for the Eastern District of New York. Puszyk's counsel has just responded by acknowledging the venue problem and consenting to transfer this action as Delta has sought. To spare both counsel the need to come to court tomorrow: 1. this action is ordered to be transferred forthwith to the United States District Court for the Eastern District of New York; and 2. Delta's alternative forum-non-conveniens motion is denied as moot (but no view is expressed by this Court as to the position that the transferee court may take if that same issue were to be presented to it). Signed by the Honorable Milton I. Shadur on 6/28/2016:Mailed notice(clw, )