Smith v. City of New York
- Lorna Schofield
- 1:20-cv-11136
- U.S. District Court · Southern District of New York
- 3
In Smith v. City of New York, Judge Schofield converted the dismissal motion into summary-judgment briefing on equitable tolling and set deadlines.
Myra S. Smith and the City of New York. The order requires Smith to submit evidence opposing summary judgment on equitable tolling and the City to submit supporting evidence and briefing.
What happened
In Smith v. City of New York, the City asked the court to dismiss Myra S. Smith’s complaint for failing to state a claim. The City also submitted information outside the complaint about when Smith received an Equal Employment Opportunity Commission dismissal and notice of rights.
Because the court would consider that outside information, it ordered that the dismissal motion will be treated as a motion for summary judgment on equitable tolling. Smith must submit evidence and any supplemental argument by June 27, 2022, and the City must submit its supporting evidence and argument by July 11, 2022.
Judge Lorna G. Schofield explained that Smith could not rely only on the complaint’s allegations. The order did not decide whether equitable tolling applies or whether the case should be dismissed.
The detailed version
- Smith v. City of New York · No. 1:20-cv-11136
- Lorna Schofield
- June 6, 2022
Background
The City of New York moved to dismiss Myra S. Smith’s complaint under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal for failure to state a legally sufficient claim. Smith was proceeding without a lawyer.
The City gave Smith notice under Local Civil Rule 12.1 that the court could treat the motion as one for summary judgment. The City asked the court to consider information outside the complaint, including materials Smith had provided in response to an earlier order requiring her to produce evidence showing when she received the Equal Employment Opportunity Commission dismissal and notice of rights.
Court’s Action
The court ordered that the City’s motion to dismiss will be converted into a motion for summary judgment on the issue of equitable tolling. Summary judgment is a decision based on evidence showing whether a claim can proceed without a trial. The court cited the rule requiring conversion when matters outside the pleadings are presented and not excluded, provided the parties have a reasonable opportunity to submit relevant material.
The order did not decide whether Smith is entitled to equitable tolling. It stated that a person seeking equitable tolling must show that she pursued her rights diligently and that extraordinary circumstances prevented timely filing.
Required Filings
Smith must file evidence and any supplemental briefing opposing summary judgment on equitable tolling by June 27, 2022. Her submission may not exceed five double-spaced pages. The City must file its supporting evidence and any supplemental briefing by July 11, 2022, also limited to five double-spaced pages.
The court advised Smith that she could not oppose the motion merely by relying on the complaint. It instructed her to submit sworn witness statements or documents accompanied by a similar sworn statement. The order identified possible evidence concerning her illness, hospital treatment, absence from work, efforts to enter the courthouse during a street closure, communications with courthouse staff, and whether she knew she could file by mail or email. The clerk was directed to mail Smith a copy of the order.
Disposition
This order converts the City’s motion to dismiss into a motion for summary judgment on equitable tolling and establishes a briefing schedule. It does not state whether the motion will ultimately be granted or denied, and it does not resolve the underlying case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.