Gail Lockhart v. Harlem Center for Nursing and Rehabilitation, LLC
- Rearden
- 1:23-cv-00676
- U.S. District Court · Southern District of New York
- 1
In Gail Lockhart v. Harlem Center for Nursing and Rehabilitation, Judge Rearden lifted the stay and ordered supplemental letters.
Gail Lockhart and Harlem Center for Nursing and Rehabilitation, LLC, whose case was unstayed and who were required to submit supplemental letters.
What happened
Gail Lockhart v. Harlem Center for Nursing and Rehabilitation concerns a case in which the court asked the parties to address several recent Second Circuit decisions.
The parties must each submit a supplemental letter of no more than five double-spaced pages by May 2, 2023. The letters must discuss whether those decisions affect the case and explain any relevant differences between Lockhart’s complaint and the complaints in those cases, including differences related to the court’s authority to hear the case.
Judge Jennifer H. Rearden also directed the Clerk of Court to lift the stay. The order did not decide the underlying claims or the court’s subject-matter jurisdiction.
The detailed version
- Gail Lockhart v. Harlem Center for Nursing and Rehabilitation, LLC · No. 1:23-cv-00676
- Rearden
- Apr. 25, 2023
Order
The court ordered Gail Lockhart and Harlem Center for Nursing and Rehabilitation, LLC to submit supplemental letters by May 2, 2023. Each letter may not exceed five double-spaced pages.
Issues for the Supplemental Letters
The parties must address the significance, if any, of three Second Circuit decisions: Solomon v. St. Joseph Hosp., 62 F.4th 54 (2d Cir. 2023); Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr., No. 21-2164-CV, 2023 WL 2926286 (2d Cir. Apr. 13, 2023); and Leroy v. Hume, No. 21-2158-CV, 2023 WL 2928353 (2d Cir. Apr. 13, 2023).
The submissions must also explain whether, and how, Lockhart’s complaint differs from the complaints in those decisions, to the extent any differences relate to subject-matter jurisdiction—the court’s authority to hear the case.
Disposition
Judge Rearden directed the Clerk of Court to lift the stay in the case. This order required additional submissions and lifted the stay; it did not decide the merits of the parties’ claims or resolve subject-matter jurisdiction.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.