The Estate of Generoso Paolello v. Providence Rest, Inc.
- Rochon
- 1:22-cv-09930
- U.S. District Court · Southern District of New York
- 2
In The Estate of Generoso Paolello v. Providence Rest, Judge Rochon stayed the case pending appeals concerning possible subject-matter jurisdiction.
The Estate of Generoso Paolello, Providence Rest, Inc., and the other defendants are affected because the action is paused pending the Second Circuit's decisions; the parties must later file a joint letter about the decisions' effect on the case.
What happened
The Estate of Generoso Paolello v. Providence Rest concerns an action that Providence Rest removed from New York state court to the Southern District of New York.
Providence Rest asked the court to pause the case until the Second Circuit decided three appeals that could affect whether federal district courts have subject-matter jurisdiction over this type of case. The Estate opposed the request.
Judge Jennifer L. Rochon stayed the action until the Second Circuit appeals are decided. She ordered the parties to file a joint letter within one week after those appeals end, explaining their effect on this case and proposing next steps.
The detailed version
- The Estate of Generoso Paolello v. Providence Rest, Inc. · No. 1:22-cv-09930
- Rochon
- Jan. 12, 2023
Background
Providence Rest, Inc. removed this action from the New York Supreme Court, County of Bronx, on November 22, 2022. The next day, Providence Rest asked the court to hold anticipated motions and any consideration of sending the case back to state court until the Second Circuit decided three pending appeals: Leroy v. Hume, Rivera-Zayas v. Our Lady of Consolation Geriatric Care Center, and Solomon v. St. Joseph Hospital. The Estate opposed the request.
Reason for the Stay
The court found that the Second Circuit appeals could bear on whether the federal court has subject-matter jurisdiction, meaning legal authority to hear the case. The court noted that the Second Circuit had requested additional briefing on that question in Solomon and that the briefing was scheduled to finish in less than a month. It concluded that the appeals appeared likely to resolve the jurisdictional issues soon and that a short delay would not harm the Estate.
Order
Judge Jennifer L. Rochon ordered that the action be stayed until the Second Circuit appeals are decided. The court also ordered the parties to file a joint letter within one week after the appeals are decided, describing how the decisions affect this case and proposing next steps. The order did not decide the merits of the underlying action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.