United States District Court, W.D. New York
For Michael Talton, Plaintiff: Christina A. Agola, LEAD ATTORNEY, Brighton, NY; Ryan Charles Woodworth, Christina Agola PLLC, Brighton, NY.
For Amalgamated Transit Union, Defendant: Matthew J. Fusco, Robert G. McCarthy, LEAD ATTORNEY, Chamberlain, D'Amanda, Oppenheimer & Greenfield, LLP, Rochester, NY.
AMENDED DECISION AND ORDER
DAVID G. LARIMER, United States District Judge.
Plaintiff, a member of defendant Amalgamated Transit Union, Local 282, (" Local 282" ) originally brought this action against the international organization, Amalgamated Transit Union (the " International" ). On March 30, 2012, after the International successfully moved to dismiss the complaint against it on the grounds that it was an improper party, plaintiff filed an amended complaint, with a caption listing Local 282 as the defendant. Although the claims in the amended complaint were untimely as against Local 282, the amendment was provisionally permitted by Magistrate Judge Jonathan Feldman, for the limited purpose of conducting discovery in order to ascertain whether plaintiff's claims against Local 282 might be rendered timely under the " relation back" provision of Fed. R. Civ. Proc. 15(c)(1)(C). (Dkt. #21, #23).
Local 282 now moves to dismiss the complaint pursuant to Fed. R. Civ. Proc. 12(b)(6) on the grounds of untimeliness. (Dkt. #30). For the reasons set forth below, that motion is denied.
On June 8, 2009, Plaintiff filed a pro se EEOC charge alleging discriminatory failure to represent against his union, Local 282, properly addressed to its offices in Rochester, NY. Before Local 282 could retain counsel or respond to the charge, it was dismissed by the EEOC, and plaintiff was issued a 90-day " right to sue" letter.
On September 18, 2009, plaintiff filed the instant suit, naming as a defendant the International organization, " Amalgamated Transit Union" (the " International" ), addressed to its national headquarters in Washington, D.C.
A week later, plaintiff filed additional EEOC charges against Local 282, which retained attorney Matt Fusco to represent
it. (The nature and disposition of those charges are not ...