Order | Filed: July 23, 2026
| Entered: July 23, 2026
Cadet et al v. Rossignol Express LLC et al
Motor Vehicle | New York Eastern
Order to Show Cause
ORDER TO SHOW CAUSE: On 7/20/2026, Defendants filed a Notice of Removal ECF 1 , removing the case from the state court in which it was originally filed, the Supreme Court of New York County. See Notice of Removal, ECF 1, ¶ 1; Complaint, ECF 1-1. The removal statute, 28 U.S.C. § 1446(a), however, provides: "A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal...." (emphasis added).
New York County is located within the Southern District of New York, not the Eastern District. See 28 U.S.C. § 112(b), (c). Accordingly, this case was improperly removed. See St. Paul Fire & Marine Ins., Co. v. Architron Designers & Builders, Inc. , No. 05-CV-1872 (SJF) (RER), 2007 WL 757910, at *1 (E.D.N.Y. Mar. 8, 2007) (analogizing removal to an improper district as "akin to an improper venue situation," such that the proper remedy is transfer the action to the correct district). See also 28 U.S.C. §§ 1391(b) (providing that an action may brought in the "judicial district in which any defendant resides," or "in which a substantial part of the events or omissions giving rise to the claim occurred"), 1406(a) (providing that if an action is filed in the wrong district court, the 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"); Chen v. Wang, 793 F. Supp. 3d 447, 452 (E.D.N.Y. 2025) (noting that courts may make a transfer determination upon a motion or sua sponte and collecting cases).
By 7/29/2026, Defendants are ordered to show cause in writing why this case should not be transferred to the Southern District of New York. Ordered by Magistrate Judge Taryn A. Merkl on 7/23/2026. (MJM)