Jenkins v. Dewitt Rehabilitation and Nursing Center, Inc.

Background

The plaintiff alleged that the defendant failed to prevent the decedent from contracting COVID-19 and failed to properly implement prevention procedures, test him, and treat his symptoms. The complaint also asserted negligence per se based on alleged violations of statutes and regulations and alleged willful and reckless conduct.

The parties’ positions

The defendant asked the court to stay the case, including any motion to dismiss or motion to remand, until the Second Circuit decided related appeals involving the scope of the PREP Act and federal jurisdiction. The defendant argued that the PREP Act applied to the facility’s COVID-19 prevention and treatment activities and provided immunity. The defendant alternatively asked the court to set a schedule for a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1), which concerns subject-matter jurisdiction, and Rule 12(b)(6), which concerns whether a complaint states a legally sufficient claim.

The plaintiff consented to delaying the deadline for the defendant’s answer but did not consent to the other relief requested in the letter.

Ruling

Judge Paul A. Engelmayer granted the stay. The case is stayed pending the Second Circuit’s resolution of the jurisdictional question identified in the order. The parties must file a joint three-page letter within one week after the Second Circuit issues its decision, explaining how that decision affects this case. The initial pretrial conference was adjourned without a new date. The order did not decide the PREP Act immunity issue, the jurisdictional question, the motion-to-dismiss issues, or the merits of the plaintiff’s claims.