Mitchell v. Parkview Operating Co. LLC
- Nelson Roman
- 7:22-cv-02357
- U.S. District Court · Southern District of New York
- 2
In Mitchell v. Parkview, Judge Roman remanded the case to New York state court, preserving the defendant’s ability to assert federal immunity and preemption defenses.
The estate administrators, the named defendants, and the related entities in the case are affected by the return of the matter to New York state court; the defendant may still assert immunity and federal preemption defenses.
What happened
Mitchell v. Parkview Operating Co. LLC involves Gerald Mitchell and Sharon Mitchell, as administrators of Jerry Mitchell’s estate, and several defendants. The federal court reviewed the notice that brought the case there, earlier orders, a defense letter, and recent Second Circuit decisions.
The opinion does not explain the specific legal basis for sending the case back to state court. It states that the matter came from the New York Supreme Court in Westchester County and identifies that court by its index number.
The court ordered the case returned to the New York Supreme Court, directed the clerk to close the federal case, and imposed no costs on any party. The remand did not prevent the defendant from asserting immunity or federal preemption defenses under the Public Readiness and Emergency Preparedness Act. Judge Nelson Stephen Roman issued the order.
The detailed version
- Mitchell v. Parkview Operating Co. LLC · No. 7:22-cv-02357
- Nelson Roman
- Apr. 27, 2023
Background
Gerald Mitchell and Sharon Mitchell, identified as administrators of the estate of Jerry Mitchell, sued Park View Operating Co. LLC, doing business as Westchester Center for Rehabilitation & Nursing; Westchester Center for Rehabilitation & Nursing; ABC Corporation; and ABC Partnership. The matter had been removed from the Supreme Court of the State of New York, Westchester County, where it was assigned index number 56825/2022.
The court reviewed the notice of removal and its exhibits, earlier orders dated April 6 and April 25, 2022, a letter dated April 24, 2023, and Second Circuit decisions including Solomon v. St. Joseph Hosp., Leroy v. Hume, and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr. The opinion does not state the specific legal ground for remanding the case.
Ruling
The court ordered that the matter be remanded to the New York state court from which it was removed. It directed the clerk to return the file to that court and close the federal case. The remand was ordered without costs to any party and without prejudice to the defendant’s ability to assert immunity and/or preemption defenses under the federal Public Readiness and Emergency Preparedness Act, 42 U.S.C. §§ 247d-6d and 247d-6e. The order does not decide the underlying claims or the potential defenses on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.