Opinion
22-cv-7664 (VSB)
10-28-2022
VALERIE HALSEY, as Proposed Administratrix of the Estate of Dorothy Osborne, deceased, Plaintiff, v. THROGS NECK OPERATING, LLC, Defendant.
ORDER
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE:
Defendant Throgs Neck Operating, LLC, moves to stay this case pending the resolution of two appeals before the Court of Appeals for the Second Circuit: Rivera-Zayas v. Our Lady of Consolation, No. 21-2164, and Leroy v. Hume, Nos. 21-2158, 21-2159. Doc. 5. Plaintiff Valerie Halsey opposes the stay. Doc. 12.
Argument in these cases is scheduled for October 31, 2022. Rivera-Zayas, No. 21-2164, Docs. 150, 157. Moreover, several other courts in this District with matters that are both procedurally and legally similar to this one have stayed proceedings pending the resolution of these appeals. See Cusimano v. Eastchester Rehab. and Health Ctr., No. 22-cv-6453 (DLC) (S.D.N.Y. July 29, 2022), Doc. 15; Mitchell v. Parkview Operating Co., No. 22-cv-2357 (NSR) (S.D.N.Y. Mar. 23, 2022), Doc. 9; Jenkins v. Dewitt Rehab. And Nursing Ctr., No. 22-cv-5985 (PAE) (S.D.N.Y. July 13, 2022), Doc. 6. Accordingly, it is hereby
ORDERED that Defendant's motion to stay is GRANTED. This action is STAYED pending the resolution of Rivera-Zayas, No. 21-2164, and Leroy, Nos. 21-2158, 21-2159, by the Court of Appeals for the Second Circuit.
IT IS FURTHER ORDERED that within one week of a decision on either of these cases, the parties SHALL submit a 3-page joint letter indicating that decision's bearing on this case.
The Clerk of Court is respectfully directed to terminate the motion at Doc. 5.