UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ aan manna aan mama KX Docket No.: 1:22-cy-05985 LEOVA JENKINS, as Administrator of the Estate of ELOISE BROOKS, Deceased, Judge: Hon. Paul A. Engelmayer Plaintiff, -against- ORDER DEWITT REHABILITATION AND NURSING CENTER, INC. d/b/a UPPER EAST SIDE REHABILITATION AND NURSING, ABC CORPORATION, ABC PARTNERSHIP, Defendants. . neneneenacenen eens □□□ neces □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ XK,

‘ UPON review of the Notice of Removal (ECF Doc. No. 1), together with all exhibits thereto, this Court’s prior Orders dated July 14, 2022, and July 15, 2022, and in light of the Second Circuit’s decisions in Solomon v. St. Joseph Hosp., 62 F 4th 54 (2d Cir. 2023), Leroy v, Hume, No. 21-cv-2158,

(2d Cir. Apr. 13, 2023), and Rivera-Zayas v. Our Lady of Consolation Geriatric Care Ctr., No. 21-cv-2164,

(2d Cir. Apr. 13, 2023); NOW, it is hereby ordered as follows: 1. This matter is remanded to the Supreme Court of the State of New York, New York County (index number 153230/2022), from which it was removed. 2. The Clerk is directed to return the file to the state court and close the case, 3. This remand shall be without costs to any party, and without prejudice to Defendant’s ability to assert the defenses of immunity and/or preemption under the federal Public Readiness and Emergency Preparedness Act, 42 U.S.C. §§ 247d-6d, 247d-6e.

Dated; October 27, 2023 ny Pon TEAL Ee Hon, Paul A. Engelmayer “ U.S. District Court Judge