Date: 04-11-2023

Case Style:

Earlene Jenkins v. Nalco Water

Case Number: 1:20-cv-05478

Judge: Jennifer H. Rearden

Court: United States District Court for the Southern District of New York (Manhattan County)

Plaintiff's Attorney:

Defendant's Attorney: Christopher Ulysses Warren and Douglas Leigh Pfeifer

Description: New York City, New York personal injury lawyer represented Plaintiff who sued defendant on a negligence theory.

This case was filed in the Supreme Court of New York, County of New York, Index No 150158/2020, and was removed to federal court by Defendant.

"New York personal injury law is a complex area of law that governs the legal rights of individuals who have been injured due to the negligence of another person. Under New York law, individuals who have been injured due to the negligence of another person may be entitled to recover damages for their medical expenses, lost wages, pain and suffering, and other losses.

In order to recover damages in a personal injury lawsuit, the injured individual must prove that the other person was negligent. Negligence is defined as a failure to exercise reasonable care that results in harm to another person. In order to prove negligence, the injured individual must show that the other person owed them a duty of care, that the other person breached that duty of care, that the breach of the duty of care was the proximate cause of the injury, and that the injured individual suffered actual damages as a result of the injury.

There are many different types of personal injury cases, including:

Car accidents
Slip and fall accidents
Dog bites
Medical malpractice
Product liability
Premises liability
Wrongful death

If you have been injured due to the negligence of another person, you should speak with an experienced personal injury attorney to discuss your legal options. An attorney can help you understand the law and can help you file a lawsuit to recover the compensation you deserve.

Here are some additional things to keep in mind about New York personal injury law:

You have three years from the date of the injury to file a lawsuit.
You may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses.
You may be able to file a lawsuit against multiple parties, such as the person who caused the injury, their insurance company, and any other parties who contributed to the injury.

If you have been injured in New York, you should contact an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and can help you file a lawsuit to recover the compensation you deserve." Google Bard

On February 29, 2023, the Court issued the following order:


This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court.

Within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information, to the extent relevant, in separate paragraphs:

1. The names of counsel and current contact information;

2. A brief statement of the nature of the claims and the principal defenses;

3. A brief explanation of why jurisdiction and venue lie in this Court. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to 28 U.S.C. § 1332, the letter must explain the basis for the parties' belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, limited liability company, or trust, the letter shall state the citizenship of each entity's members, shareholders, partners, and/or trustees;

4. A statement of all existing deadlines, due dates, and/or cut-off dates;

5. A statement of any previously scheduled conferences or arguments with the Court that have not yet occurred, and the matters that were to be addressed;

6. A brief description of any outstanding motions, including the date such motions were filed and the nature of the relief sought;

7. A statement and description of any pending appeals;

8. A detailed statement of all discovery to date, including the number of depositions taken by each party and any remaining discovery that is essential in order for the parties to engage in meaningful settlement negotiations;

9. A brief description of the status of prior settlement discussions, without disclosing exact offers and demands;

10. A statement of whether the parties have discussed employing alternative dispute resolution mechanisms and whether the parties believe that (a) a settlement conference before a Magistrate Judge; (b) participation in the District's Mediation Program; and/or (c) the retention of a private mediator would be productive and, if so, when (e.g., within the next 60 days, after the deposition of the plaintiff is completed, at the close of fact discovery, etc.);

11. An estimate of the length of trial; and

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12. Any other information that the parties believe may assist the Court in advancing the case, including, but not limited to, a description of any dispositive or novel issue raised by the case.

If this case has been settled or otherwise terminated, counsel need not submit the joint letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other appropriate proof of termination is filed on the docket prior to the joint letter submission deadline, using the proper ECF Filing Event. See S.D.N.Y. Electronic Case Filing Rules & Instructions §§ 13.17-13.18, 13.20.
Jenkiins v. Nalco Water (S.D. N.Y. 2023)

Outcome: 04/11/2023 32 ORDER OF DISMISSAL: The Court, having been advised at ECF Nos. 29 and 31 that Plaintiff has agreed to voluntarily discontinue her lawsuit against Defendants, hereby ORDERS that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if a notice of dismissal has not been filed. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 6.A of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/11/2023) (kv) (Entered: 04/11/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: