Date: 07-09-2024

Case Style:

Tony Mancini v. Long Island Rail Road Company

Case Number: 2:21-CV-3202

Judge: Hector Gonzalez

Court: United States District Court for the Eastern District of New York (Suffolk County)

Plaintiff's Attorney:

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Defendant's Attorney: Andrew G. Mccigrosso and Christopher P. Yodice

Description:

Central Islip, New York personal injury lawyer represented the Plaintiff who sued on a Federal Employer's Liability Act (FELA) theory.

45 U.S.C. 41 provides:

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this chapter, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this chapter.

Outcome: : In response to the parties' notice representing that the parties had reached a settlement in principle, see ECF No. 20 , the Court previously ordered Plaintiff to file a notice or stipulation of voluntary dismissal on or before July 8, 2024, or instead file the parties' joint pretrial order in accordance with Section VI.B of the Court's Individual Practices. See May 9, 2024, Text Order. The parties have not filed a notice or stipulation of voluntary dismissal or a joint pretrial order. The parties shall file on or before July 16, 2024, either a notice or stipulation of voluntary dismissal that complies with Rule 41 or a letter updating the Court regarding their efforts to finalize their settlement, including whether they have executed a settlement agreement. If the parties have executed a settlement agreement, then their joint letter shall explain why Plaintiff's claims should not be dismissed for lack of jurisdiction since any subsequent claim "to enforce a settlement agreement is fundamentally a claim for breach of a contract... and therefore requires its own basis for jurisdiction." See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015) (quoting Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 378, 381 (1994)) (internal quotation marks omitted). The parties are warned that failure to adhere to unambiguous court orders may result in sanctions. Ordered by Judge Hector Gonzalez on 7/9/2024. (PN) (Entered: 07/09/2024)
07/09/2024 21 STIPULATION of Dismissal by Long Island Rail Road Company (Muccigrosso, Andrew) (Entered: 07/09/2024)
07/09/2024 ORDER DISMISSING CASE pursuant to the parties' stipulation of dismissal. See ECF No. 21 . Ordered by Judge Hector Gonzalez on 7/9/2024. (KM) (Entered: 07/09/2024)

Plaintiff's Experts:

Defendant's Experts:

Comments: