Okereke v. Allen

Okereke v. Allen

Plaintiff:	Emmanuel Okereke
Defendant:	John Charles Allen
Case Number:	1:2014cv03368
Filed:	May 9, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	James C. Francis
Presiding Judge:	Lewis A. Kaplan
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
September 17, 2015	Filing 37 ORDER for 32 Report and Recommendations. This diversity action seeks damages for alleged professional malpractice by the defendant attorney. Defendant moves (1) to dismiss for lack of subject matter jurisdiction, failure to state a claim upon r elief may be granted, improper venue and for other relief, (2) to vacate the Clerk's certificate of default, and (3) for sanctions. In a report and recommendation dated July 29, 2015 (the "R&R"), Magistrate Judge James C. Francis, IV, recommended that the motion be granted to the extent of transferring the action to the District of New Jersey on the basis of improper venue, denied insofar as it seeks dismissal for lack of subject matter jurisdiction, and denied in all other respec ts without prejudice to pursuing the other requested relief in the transferee court. Defendant objects to the R&R, arguing that he should be awarded costs and sanctions and that the case should be dismissed for improper venue rather than transferred. The Court finds no error. Transfer rather than dismissal is in the interest of justice, as the law favors disposition of litigation on the merits. Defendant remains free to pursue sanctions in the transferee court. Accordingly, this action is transferred to the District of New Jersey, where it could have been brought, pursuant to 28 U.S.C. § 1406. (Signed by Judge Lewis A. Kaplan on 9/17/2015) (kko)

Date Filed

Document Text

September 17, 2015

Filing 37 ORDER for 32 Report and Recommendations. This diversity action seeks damages for alleged professional malpractice by the defendant attorney. Defendant moves (1) to dismiss for lack of subject matter jurisdiction, failure to state a claim upon r elief may be granted, improper venue and for other relief, (2) to vacate the Clerk's certificate of default, and (3) for sanctions. In a report and recommendation dated July 29, 2015 (the "R&R"), Magistrate Judge James C. Francis, IV, recommended that the motion be granted to the extent of transferring the action to the District of New Jersey on the basis of improper venue, denied insofar as it seeks dismissal for lack of subject matter jurisdiction, and denied in all other respec ts without prejudice to pursuing the other requested relief in the transferee court. Defendant objects to the R&R, arguing that he should be awarded costs and sanctions and that the case should be dismissed for improper venue rather than transferred. The Court finds no error. Transfer rather than dismissal is in the interest of justice, as the law favors disposition of litigation on the merits. Defendant remains free to pursue sanctions in the transferee court. Accordingly, this action is transferred to the District of New Jersey, where it could have been brought, pursuant to 28 U.S.C. § 1406. (Signed by Judge Lewis A. Kaplan on 9/17/2015) (kko)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Okereke v. Allen
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Emmanuel Okereke
Represented By:	Christopher Joseph Cassar
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: John Charles Allen
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?