Nachshen v. Jem Real Estate Co., LLC
- Paul Engelmayer
- 1:18-cv-10996
- U.S. District Court · Southern District of New York
- 2
In Nachshen v. Jem Real Estate, Judge Engelmayer dismissed the case without prejudice after dismissing the federal disability claim and declining supplemental jurisdiction over remaining state-law claims.
The dismissal affected Steven Nachshen’s remaining claims under the New York State Human Rights Law, the New York City Human Rights Law, and common-law negligence. The court had previously dismissed his Title III Americans with Disabilities Act claim, and the case was then dismissed, without prejudice, as a whole.
What happened
Nachshen v. Jem Real Estate Co., LLC involved Steven Nachshen’s request to pause the case while the New York Surrogate’s Court considered appointing Louise Nachshen as representative of the estate of the late Steven Nachsen. The defendants opposed the request and asked the court to dismiss the Americans with Disabilities Act claim as moot and decline to hear the remaining state and city claims and negligence claim.
The court had already dismissed the federal disability claim in a May 17, 2021 order. It also told the parties that it expected to decline to hear the remaining claims under state and city law because the federal claim had been dismissed early in the case. Neither party submitted the requested explanation for continuing in federal court, and the case had not otherwise progressed.
On March 2, 2022, Judge Paul A. Engelmayer dismissed the case, without prejudice, under the cited federal rules and the court’s inherent authority. The Clerk of Court was directed to close the case.
The detailed version
- Nachshen v. Jem Real Estate Co., LLC · No. 1:18-cv-10996
- Paul Engelmayer
- Mar. 2, 2022
Background
Steven Nachshen filed a second motion to stay the proceedings while the New York Surrogate’s Court considered appointing Louise Nachshen as representative of the estate of the late Steven Nachsen. The defendants opposed the stay request. They also moved to dismiss the plaintiff’s Title III claim under the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq., as moot. In addition, they asked the court to decline supplemental jurisdiction—the authority to hear related state-law claims alongside a federal claim—over claims under the New York State Human Rights Law, the New York City Human Rights Law, and common-law negligence.
Court’s reasoning
In an earlier order dated May 17, 2021, the court dismissed the Title III Americans with Disabilities Act claim. The court stated that it expected to decline supplemental jurisdiction over the remaining nonfederal claims because the case had made limited progress and the federal claim had dropped out at an early stage. The court gave either party an opportunity to explain why it should continue hearing the state and city claims, but neither party submitted the requested letter. The opinion also states that no other progress had been made in the case.
Disposition
The court stated that, under Federal Rules of Civil Procedure 41(b) and 12(b)(1), and its inherent authority, it dismissed the case, without prejudice. The Clerk of Court was directed to close the case. The opinion does not decide the merits of the remaining state-law, city-law, or negligence claims. Judge Paul A. Engelmayer signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.