Burton v. City of New York
- John Cronan
- 1:21-cv-06928
- U.S. District Court · Southern District of New York
- 1
In Burton v. City of New York, Judge Cronan ordered defendants to report on discovery compliance and possible dismissal.
Leroy Burton and the defendants, including the City of New York. The defendants were required to report on Burton’s compliance with the earlier order and any request for dismissal.
What happened
In Burton v. City of New York, the court addressed whether Leroy Burton had answered certain identification questions that an earlier order required him to answer.
The court ordered the defendants to file a letter by August 5, 2022, stating whether Burton had complied and, if not, whether they sought dismissal for failure to pursue the case. The clerk was directed to mail the order to Burton, who was representing himself.
Judge John P. Cronan issued the order. It did not itself dismiss the case or decide the parties’ underlying claims.
The detailed version
- Burton v. City of New York · No. 1:21-cv-06928
- John Cronan
- July 25, 2022
Background
Leroy Burton was the plaintiff, and the City of New York and other defendants were named as defendants. The court had previously ordered Burton to provide answers to certain identification questions. The opinion states that Burton was representing himself.
Order
The court directed the defendants to file a status letter by August 5, 2022. The letter must state whether Burton complied with the earlier order and, if he did not, whether the defendants sought dismissal of the action based on failure to pursue the case. The court cited Federal Rule of Civil Procedure 41(b), which permits dismissal as a sanction for failing to pursue a claim or comply with discovery orders.
The clerk was directed to mail the order to Burton. The order did not itself dismiss the action, rule on a dismissal request, or decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.