Christy v. Bastain
- John Cronan
- 1:19-cv-09666
- U.S. District Court · Southern District of New York
- 2
In Christy v. Bastian, Judge Cronan ordered Michael Christy to oppose defendants’ motion to dismiss or update his address by June 2, 2022, warning that the case could be dismissed.
Michael Christy and the defendants in the action. Christy was required to oppose the motion to dismiss or update his address, and the defendants were required to provide any other addresses they had for him.
What happened
In Michael Christy v. S. Bastian et al., the court had extended Michael Christy’s deadline to oppose the defendants’ motion to dismiss his Second Amended Complaint until April 29, 2022. Christy did not file an opposition by that deadline.
The court also learned that its earlier order had been returned as undeliverable because Christy had moved. The court ordered Christy to oppose the motion or provide an updated address by June 2, 2022, and ordered the defendants to tell the court about any other addresses for him.
Judge John P. Cronan warned that Christy’s failure to keep a current address or comply with the order could lead to dismissal of the action. The order did not dismiss the case or decide the motion to dismiss.
The detailed version
- Christy v. Bastain · No. 1:19-cv-09666
- John Cronan
- May 19, 2022
Background
The defendants had filed a motion to dismiss the Second Amended Complaint. The court had previously extended Michael Christy’s deadline to oppose that motion from March 30, 2022, to April 29, 2022. Christy did not file an opposition by the extended deadline.
The court’s April 15, 2022 order was returned on May 18, 2022, marked “Not Deliverable As Addressed Unable To Forward, Return to Sender, MOVED.”
Order
The court ordered Christy to do one of two things by June 2, 2022: oppose the defendants’ motion to dismiss or provide the court with an updated address. It reminded him that he was responsible for keeping a current address on file with the Clerk’s Office.
The court also ordered the defendants to advise it of any other addresses for Christy. Citing Federal Rule of Civil Procedure 41(b), the court warned that failure to keep a current address or comply with a court order could result in dismissal for failure to prosecute. Judge John P. Cronan did not dismiss the action in this order and did not rule on the motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.