Gargano v. University of Vermont Medical Center
| John Andrew Gargano |
| University of Vermont Medical Center |
| 2:2023cv00013 |
| January 19, 2023 |
| US District Court for the District of Vermont |
| Geoffrey W Crawford |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 5 CASE TRANSFERRED IN from District of New York Eastern; Case Number 1:22-cv-07650. |
ORDER: Plaintiff John Andrew Gargano brings this pro se action pursuant to the federal Racketeer Influenced and Corrupt Organizations Act ("RICO") against the University of Vermont Medical Center located in Burlington, Vermont. (Compl., Dkt. 1, at 2, 4.) Plaintiff was ordered to show cause as to why venue is proper in this district on 12/19/2022. (12/19/2022 Docket Order.) Plaintiff's #4 response does not establish that venue is proper in the Eastern District of New York. Rather, Plaintiff explained that his allegations relate to events that took place in Burlington, Vermont (Dkt. 4, at 1-2, ) and Albany County New York (Dkt. 4, at 1-2, 9-11). "In civil RICO cases...Plaintiff may properly lay venue in accordance with either 18 U.S.C. 1965 or 28 U.S.C. 1391." City of New York v. Cyco.Net, Inc., 383 F. Supp. 2d 526, 543-44 (S.D.N.Y. 2005). "[I]t is the policy in this Circuit to conflate personal jurisdiction and venue by reading the RICO venue provision to permit adjudication in any district where minimum contacts are established." Id. (internal citation omitted). Here, Plaintiff still has not alleged Defendant has minimum contacts, or any contacts, with the Eastern District of New York. Furthermore, Plaintiff has not shown that the Eastern District of New York is the proper venue under either Sections 1391(b)(1) or 1391(b)(2). Under Section 1391(b)(1), venue is proper in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located in." 28 U.S.C. 1391(b)(1). Here, Defendant is located in Burlington, VT. (Dkt. 1, at 2.) Thus, venue is not proper in this district pursuant to Section 1391(b)(1). Under Section 1391(b)(2), venue is proper in a judicial district "in which a substantial part of the events or omissions giving rise to the claim occurred." Here, Plaintiff's #4 response explains that his claims relate to a medical examination in Burlington, VT (Dkt. 4, at 1) and a car accident in Albany County in New York (Dkt. 4, at 1-2, 9-11). Thus, venue in this district is also not proper under Section 1391(b)(2). A district court may "if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a). Accordingly, in the interest of justice, the Clerk of Court is hereby directed to transfer this action to the United States District Court for the District of Vermont. 28 U.S.C. 112(d); 1406(a). Ordered by Judge Pamela K. Chen on 1/19/2023. (FG) [Transferred from New York Eastern on 1/19/2023.]
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| Case electronically transferred to District of Vermont. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (FG) [Transferred from New York Eastern on 1/19/2023.] |
| Filing 4 RESPONSE TO ORDER TO SHOW CAUSE dtd. 1/18/2023 by John Andrew Gargano. (ML) [Transferred from New York Eastern on 1/19/2023.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) [Transferred from New York Eastern on 1/19/2023.] |
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ORDER TO SHOW CAUSE: Plaintiff John Andrew Gargano brings this pro se action pursuant to the federal Racketeer Influenced and Corrupt Organizations Act ("RICO"). Plaintiff alleges Defendant University of Vermont Medical Center of "filing [a] false medical report causing [his] driver['s] li[cense] [to be] suspended" among other things. (Dkt. 1, at 5.) Because Plaintiff's claims appear to relate only to a Defendant and events that are located in Chittenden County, Vermont, this Court is not the appropriate court in which to file this action. "In civil RICO cases... Plaintiff may properly lay venue in accordance with either 18 U.S.C. 1965 or 28 U.S.C. 1391." City of New York v. Cyco.Net, Inc., 383 F. Supp. 2d 526, 543-44 (S.D.N.Y. 2005). "[I]t is the policy in this Circuit to conflate personal jurisdiction and venue by reading the RICO venue provision to permit adjudication in any district where minimum contacts are established." Id. (internal citation omitted). Here, Plaintiff has not alleged Defendant has minimum contacts, or any contacts, with the Eastern District of New York. Furthermore, Plaintiff has not shown that the Eastern District of New York is the proper venue under either Sections 1391(b)(1) or 1391(b)(2). Under Section 1391(b)(1), venue is proper in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located in." 28 U.S.C. 1391(b)(1). Here, Defendant is located in Burlington, VT. (Dkt. 1, at 2.) Thus, venue is not proper in this district pursuant to Section 1391(b)(1). Under Section 1391(b)(2), venue is proper in a judicial district "in which a substantial part of the events or omissions giving rise to the claim occurred." Here, Plaintiff's claims relate to alleged events that occurred in Burlington, VT. (Dkt. 1, at 5.) Thus, venue is also not proper under Section 1391(b)(2). A district court may "if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." 28 U.S.C. 1406(a). Accordingly, Plaintiff is ordered to show cause why this action should not be dismissed or transferred pursuant to 28 U.S.C. 1406(a) by 1/18/2023. Ordered by Judge Pamela K. Chen on 12/19/2022. (LC) [Transferred from New York Eastern on 1/19/2023.]
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| Filing 2 Summons Issued as to All Defendants. (SR) [Transferred from New York Eastern on 1/19/2023.] |
| FILING FEE: $ 402.00, receipt number 100003611 (SR) [Transferred from New York Eastern on 1/19/2023.] |
| Filing 1 COMPLAINT against University of Vermont Medical Center, filed by John Andrew Gargano. (Attachments: #1 Civil Cover Sheet) (SR) [Transferred from New York Eastern on 1/19/2023.] |
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| Plaintiff: John Andrew Gargano | |
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