94 Civ. 8711 (RWS).United States District Court, S.D. New York.
April 18, 2000.
MEMORANDUM OPINION
ROBERT W. SWEET, District Judge.
This is an extremely troubled action. Cherie Burrell (“Burrell”) has appeared pro se, by counsel, and now is again pro se.
After excessive motion practice and the determination of a motion for summary judgment, the defendant City University of New York (“CUNY”) was directed by an opinion filed October 16, 1998, to prepare a pretrial order, and a pretrial conference was set for November 4, 1998. Burrell did not appear.
An order was entered on November 20, 1998, setting a pretrial conference for December 2, 1998, and notifying Burrell that failure to appear without good cause would result in dismissal. She did not appear. An order was entered December 7, 1998 dismissing the case.
On December 7, 1999, Burrell moved for relief under Rule 60(b), Fed.R.Civ.P., to vacate the dismissal and reopen the action.
In support of the motion, her husband, Michael Burrell, submitted an affidavit stating that he sent a letter to the Court on November 28, 1998, advising the Court that Burrell was ill, included a doctor’s note stating that Burrell had been diagnosed “with a severe episode of labryrinthitis,” was under stress because of the fire at her home, was living in a hotel, and that “total bed-rest has been recommended as part of her treatment modality.” Neither Michael Burrell’s letter nor the note were ever received in chambers or by the Court.
The State sought copies of the Burrell motion which were ordered on January 28, 2000 to be served on February 16, 2000. They were not so served, and the State moved by letter to dismiss Burrell’s 60(b) motion which was treated as a motion returnable March 15, 2000. Burrell did not appear.
The grounds for Rule 60(b) relief not having been met, the motion is denied.
It is so ordered.
New York, NYApril 2000