The Estate of Juan Ortiz v. Archcare at Terence Cardinal Cooke Health Care Center

S.D. New York

The Estate of Juan Ortiz v. Archcare at Terence Cardinal Cooke Health Care Center

District Court, S.D. New York·Decided April 20, 2023·No. 1:22-cv-10385·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX YOLANDA ORTIZ ex rel. ESTATE OF JUAN ORTIZ, : Plaintiff, : 22-CV-10385 (JMF) -v- : ORDER ARCHCARE AT TERENCE CARDINAL COOKE : HEALTH CARE CENTER et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: The parties are ORDERED to submit supplemental briefs, no later than April 28, 2023, and not to exceed five pages, addressing the significance, if any, of the Second Circuit’s decisions in 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). Among other things, the submissions should detail whether and how the complaint in this case differs from the complaints in those cases (to the extent that such differences bear on the question of whether the Court has subject-matter jurisdiction). SO ORDERED. Dated: April 20, 2023 New York, New York JESSE MAN Ufited States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX YOLANDA ORTIZ ex rel. ESTATE OF JUAN ORTIZ, : Plaintiff, : 22-CV-10385 (JMF) -v- : ORDER ARCHCARE AT TERENCE CARDINAL COOKE : HEALTH CARE CENTER et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: The parties are ORDERED to submit supplemental briefs, no later than April 28, 2023, and not to exceed five pages, addressing the significance, if any, of the Second Circuit’s decisions in 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). Among other things, the submissions should detail whether and how the complaint in this case differs from the complaints in those cases (to the extent that such differences bear on the question of whether the Court has subject-matter jurisdiction). SO ORDERED. Dated: April 20, 2023 New York, New York JESSE MAN Ufited States District Judge

The Estate of Juan Ortiz v. Archcare at Terence Cardinal Cooke Health Care Center, (S.D.N.Y. 2023).

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