Gilot v. Christ US Santa Rosa Hospital

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FARRAH GILOT,
Plaintiff,
- against -
CHRIST US SANTA ROSA HOSPITAL, and
COMPA AMBULANCE,
Defendants.
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MEMORANDUM & ORDER
26-CV-0259 (PKC) (PK)
PAMELA K. CHEN, United States District Judge:
Pro se Plaintiff Farrah Gilot has filed this action pursuant to 28 U.S.C. § 1332, accusing
Christ US Santa Rose Hospital and Compa Ambulance (“Defendants”) of a data breach and of
selling her information to a third party; she seeks $85,000 in damages. (See Compl., Dkt. 1, at
ECF1 5–7.) Plaintiff applied to waive the filing fees by filing an application to proceed in forma
pauperis (“IFP”). (IFP Mot., Dkt. 2.) For the reasons stated herein, the Court transfers this action
to the United States District Court for the Western District of Texas.
DISCUSSION
If an action is filed in the wrong district court, a 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.” 	28 U.S.C. § 1406(a); see, e.g., Covial v. Francillion, No. 24-CV-3125, 2024 WL
2722142, at *1 (E.D.N.Y. May 28, 2024). A civil action may be brought in: (1) “a judicial district
in which any defendant resides, if all defendants are residents of the State in which the district is
located”; (2) “a judicial district in which a substantial part of the events or omissions giving rise
1 Citations to “ECF” refer to the pagination generated by the Court’s CM/ECF docketing
system and not the document’s internal pagination.
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to the claim occurred, or a substantial part of property that is the subject of the action is situated”;
or (3) “if there is no district in which an action may otherwise be brought as provided in this
section, any judicial district in which any defendant is subject to the court’s personal jurisdiction
with respect to such action.” 28 U.S.C. § 1391(b). Here, because Defendants are located in San
Marcos, Texas, (Compl., Dkt. 1, at ECF 2), and the events giving rise to this action occurred there,
(see id. at ECF 7), the Court finds that transfer of this action to the United States District Court for
the Western District of Texas is warranted. See Colacino v. Davis, No. 19-CV-9648 (VB), 2020
WL 4340730, at *2 (S.D.N.Y. July 28, 2020) (“Because defendant resides in, and a substantial
part of the events giving rise to plaintiffs’ claims occurred within, the Western District of New
York, in the interest of justice, the Court will transfer this case to the Western District of New
York.”).
CONCLUSION
The Clerk of Court is hereby directed to transfer this action to the United States District
Court for the Western District of Texas. 28 U.S.C. §§ 1391(b), 1406(a). No summons shall issue
from this Court. 	A decision on plaintiff’s request to proceed IFP is reserved for the transferee
court. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which
requires a seven-day delay, is waived. This order closes this action in this Court.
SO ORDERED.
/s/ Pamela K. Chen
Pamela K. Chen
United States District Judge
Dated: January 27, 2026
Brooklyn, New York
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