Jenkins v. Dewitt Rehabilitation and Nursing Center, Inc.
- Paul Engelmayer
- 1:22-cv-05985
- U.S. District Court · Southern District of New York
- 2
In Jenkins v. Dewitt, Judge Engelmayer remanded the case to New York state court while preserving defendants’ immunity and preemption defenses.
The case was returned to the New York state court, affecting Leova Jenkins, the defendants, and the federal and state courts handling the matter. The defendants’ ability to assert immunity and preemption defenses under the Public Readiness and Emergency Preparedness Act was preserved.
What happened
Leova Jenkins, as administrator of Eloise Brooks’s estate, sued Dewitt Rehabilitation and Nursing Center, Inc., doing business as Upper East Side Rehabilitation and Nursing, and other defendants. The defendants removed the case to federal court from New York Supreme Court in New York County.
After reviewing the removal notice, earlier orders, and cited Second Circuit decisions, the federal court ordered the case returned to the New York state court from which it was removed. The federal clerk was directed to return the file and close the federal case.
The remand was ordered without costs to any party and without prejudice to the defendants’ ability to assert defenses under the federal Public Readiness and Emergency Preparedness Act. Judge Paul A. Engelmayer signed the order.
The detailed version
- Jenkins v. Dewitt Rehabilitation and Nursing Center, Inc. · No. 1:22-cv-05985
- Paul Engelmayer
- Oct. 27, 2023
Background
Leova Jenkins, as administrator of the estate of Eloise Brooks, brought this case against Dewitt Rehabilitation and Nursing Center, Inc., doing business as Upper East Side Rehabilitation and Nursing, and other defendants identified as ABC Corporation and ABC Partnership. The opinion states that the case had been removed from the Supreme Court of the State of New York, New York County, under index number 153230/2022.
Court’s Action
After reviewing the notice of removal and its exhibits, the court’s July 14 and July 15, 2022 orders, and decisions from the U.S. Court of Appeals for the Second Circuit, the court ordered that the matter be remanded—that is, returned—to the New York state court from which it was removed.
The clerk was directed to return the file to the state court and close the federal case. The remand was ordered without costs to any party. The court also specified that the remand did not prejudice the defendants’ ability to assert immunity 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 whether those defenses succeed.
Disposition
The federal court remanded the case to the Supreme Court of the State of New York, New York County, and directed closure of the federal case. 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.