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Donohue v. Madison

United States District Court, N.D. New York

July 27, 2017

DANNY DONOHUE, as President of the Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO; SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO; WILLIAM COLEMAN, individually and on behalf of all others similarly situated; WILLIAM MILLER, individually and on behalf of all others similarly situated; JOHN METZGIER, individually and on behalf of all others similarly situated; and JACK WIEDEMAN, individually and on behalf of all others similarly situated, Plaintiffs,
v.
THOMAS J. MADISON, JR., in his official capacity as Executive Director of the New York State Thruway Authority and the New York State Canal Corporation; CARLOS MILAN, in his official capacity as Director of Employee Relations and Employee Safety, New York State Thruway Authority and New York State Canal Corporation; BRIAN U.STRATTON, in his official capacity as Director of the New York State Canal Corporation; HOWARD P. MILSTEIN, in his official capacity as Chairman of New York State Thruway/Canal Corporation Board of Directors; E. VIRGIL CONWAY, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; NEW YORK STATE THRUWAY AUTHORITY; NEW YORK STATE CANAL CORPORATION; DONNA J. LUH, in her official capacity as Vice-Chairman of New York State Thruway/Canal Corporation Board of Directors; RICHARD N. SIMBERG, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; BRANDON R. SALL, in his official capacity as Board Member of the New York State Thruway/ Canal Corporation Board of Directors; J. DONALD RICE, JR., in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; and JOSE HOLGUIN-VERAS, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors, DANNY DONOHUE, as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO; CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO; JOHN DELLIO, individually and on behalf of all others similarly situated; MICHAEL BOULERIS, individually and on behalf of all others similarly situated; MAUREEN ALONZO, individually and on behalf of all others similarly situated; and MARCOS DIAMANTATOS, individually and on behalf of all others similarly situated, Plaintiffs,
v.
THOMAS J. MADISON, JR., in his official capacity as Executive Director of the New York State Thruway Authority and the New York State Canal Corporation; CARLOS MILAN, in his official capacity as Director of Employee Relations and Employee Safety, New York State Thruway Authority and New York State Canal Corporation; HOWARD P. MILSTEIN, in his official capacity as Chairman of New York State Thruway/Canal Corporation Board of Directors; E. VIRGIL CONWAY, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; NEW YORK STATE THRUWAY AUTHORITY; JOSE HOLGUIN-VERAS, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; DONNA J. LUH, in her official capacity as Vice-Chairman New York State Thruway/Canal Corporation Board of Directors; J. DONALD RICE, JR., in his official capacity as Board Member of New York State Thruway/Canal Corporation Board of Directors; BRANDON R. SALL, in his official capacity as Board Member of New York State Thruway/Canal Corporation Board of Directors; and RICHARD N. SIMBERG, in his official capacity as Board Member of New York State Thruway/Canal Corporation Board of Directors, Defendants. NEW YORK STATE THRUWAY EMPLOYEES LOCAL 72, JOSEPH E. COLOMBO, GEORGE E. SAVOIE; and DAVID M. MAZZEO, individually and on behalf of all others similarly-situated, Plaintiffs,
v.
NEW YORK STATE THRUWAY AUTHORITY; HOWARD P. MILSTEIN, in his official capacity as Chairman of the New York State Thruway Authority; THOMAS J. MADISON, JR., in his official capacity as Executive Director of the New York State Thruway Authority; THOMAS RYAN, in his official capacity; E. VIRGIL CONWAY, in his official capacity as Board Member of the New York State Thruway Authority; JOHN F. BARR, in his official capacity as Director of Administrative Services of the New York State Thruway Authority; JOHN M. BRYAN, in official capacity as Chief Financial Officer and Treasurer of the New York State Thruway Authority; DONNA J. LUH, in her official capacity as Vice-Chair of the New York State Thruway/Canal Corporation Board of Directors;J. DONALD RICE, JR., in his official capacity as Board Member of the New York State Thruway Authority; BRANDON R. SALL, in his official capacity as Board Member of the New York State Thruway Authority; RICHARD N. SIMBERG, in his official capacity as Board Member of the New York State Thruway Authority; and JOSE HOLGUIN-VERAS, in his official capacity as Board Member of the New York State Thruway Authority, Defendants.

          CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. Attorneys for Plaintiffs

          LIVINGSTON ADLER PULDA MEIKLEJOHN & KELLY Attorneys for Plaintiffs

          DREYER, BOYAJIAN LLP Attorneys for Defendant Madison

          WHITEMAN, OSTERMAN & HANNA Attorneys for all Defendants except Defendants Madison and Bryan

          E. STEWART JONES HACKLER MURPHY, LLP Attorneys for Defendant Bryan

          AARON E. KAPLAN, ESQ. JENNIFER C. ZEGARELLI, ESQ.

          GREGG D. ADLER, ESQ. NICOLE M. ROTHBERG, ESQ.

          BENJAMIN W. HILL, ESQ. WILLIAM J. DRYER, ESQ.

          BETH A. BOURASSA, ESQ. CHRISTOPHER W. MEYER, ESQ. MONICA R. SKANES, ESQ. NORMA G. MEACHAM, ESQ.

          E. STEWART JONES, JR., ESQ. THOMAS J. HIGGS, ESQ.

          MEMORANDUM-DECISION AND ORDER

          Frederick J. Scullin, Jr. Senior United States District Judge.

         I. INTRODUCTION

         Pending before the Court is Defendants' motion for reconsideration of the Court's April 14, 2017 Memorandum Decision and Order, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure and Local Rule 7.1(g), or, alternatively, to amend that Memorandum-Decision and Order to include certification of an issue to the Second Circuit pursuant to 28 U.S.C. § 1292(b). See Dkt. No. 144.

         II. DISCUSSION [1]

         A. Motion for reconsideration

         1. Standard of review

         Reconsideration "'is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources.'" In re Health Mgmt. Sys., Inc. Secs. Litig., 113 F.Supp.2d 613, 614 (S.D.N.Y. 2000) (quoting Wendy's Int'l, Inc. v. Nu-Cape Construction, Inc., 169 F.R.D. 680, 685 (M.D. Fla. 1996)) (other citations omitted). "The standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked -- matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995) (citations omitted). Generally, there are "'only three possible grounds upon which motions for reconsideration may be granted; they are (1) an intervening change in controlling law, (2) the availability of new evidence not previously available, ...


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