Burton v. County Of Westchester
- Kenneth Karas
- 7:21-cv-01475
- U.S. District Court · Southern District of New York
- 2
In Burton v. County Of Westchester, Judge Karas granted in part and denied in part the County Defendants’ motion, dismissing all claims against them with prejudice.
Cheryl Burton and the County Defendants, including County Of Westchester.
What happened
In Burton v. County Of Westchester, Cheryl Burton sued County Defendants. Burton had amended the complaint after receiving a letter outlining the intended dismissal arguments.
The court granted the motion to dismiss the federal claims against the County Defendants and denied the request to separate the state-law claims. The court nonetheless dismissed the state-law claims against the County Defendants, with prejudice, and closed the case.
Judge Karas issued the ruling on June 29, 2022. The judgment states that the dismissal with prejudice was appropriate because Burton had already amended the complaint after receiving notice of the alleged defects.
The detailed version
- Burton v. County Of Westchester · No. 7:21-cv-01475
- Kenneth Karas
- June 29, 2022
Background
The judgment concerns Cheryl Burton’s claims against the County Defendants. It states that Burton amended the complaint after receiving a pre-motion letter in which the County Defendants previewed their intended motion to dismiss and identified the grounds for that motion.
Rulings
The court ordered that the County Defendants’ motion was denied in part and granted in part. It granted the motion to dismiss the federal claims against the County Defendants. It denied the motion to sever, meaning separate, the state-law claims. Despite denying severance, the court dismissed Burton’s state-law claims against the County Defendants.
The judgment states that the dismissal was with prejudice because Burton had already amended the complaint after receiving notice of the alleged deficiencies. The court therefore closed the case.
Disposition
The federal claims against the County Defendants were dismissed, the state-law claims against those defendants were also dismissed with prejudice, and the case was closed. Judge Karas’s court entered the judgment dated June 29, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.