ACORN v. County of Nassau

270 F.R.D. 123, 2010 U.S. Dist. LEXIS 59368
CourtDistrict Court, E.D. New York
DecidedJune 15, 2010
DocketNo. 05-CV-2301 (ADS)(WDW)
StatusPublished
Cited by4 cases

This text of 270 F.R.D. 123 (ACORN v. County of Nassau) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ACORN v. County of Nassau, 270 F.R.D. 123, 2010 U.S. Dist. LEXIS 59368 (E.D.N.Y. 2010).

Opinion

ORDER

SPATT, District Judge.

This case arises out of a dispute concerning the proposed construction of low- and middle-income housing on land owned by Nassau County and located in Garden City, New York. Presently before the Court is a motion to intervene by proposed plaintiff New York Communities for Change, Inc. (“NYCC”). For the reasons set forth below, the Court grants this motion.

I. INTRODUCTION

In 2005, plaintiffs New York Association of Community Organizations for Reform Now (“NY ACORN”), MHANY Management Inc. (“MHANY”, formerly known as New York ACORN Housing Company, Inc.), Vic DeVita, and Francine McCray brought the present ease against defendants County of Nassau, the Incorporated Village of Garden City, and the Garden City Board of Trustees. The facts of the case are discussed in detail in a previous order issued in this case by United States District Judge Joseph F. Bianco, before whom this case was previously pending. See ACORN v. County of Nassau, No. 05-cv2301(JFB)(WDW), 2006 WL 2053732, *1 (E.D.N.Y. Jul. 21, 2006) (“ACORN I”). Familiarity with that decision is assumed. Briefly, the plaintiffs allege that the defendants discriminatorily re-zoned two parcels of Nassau County-owned land that was located in Garden City to prevent plaintiff MHA-NY from building low- and middle-income housing on that site. The plaintiffs further allege that this decision was part of a longstanding racially discriminatory policy maintained by the defendants. Based on these allegations, the plaintiffs assert claims pursuant to the Fair Housing Act, 42 U.S.C. § 3601 et seq.; 42 U.S.C. § 1981; 42 U.S.C. § 1982; and 42 U.S.C. § 2000d et seq. In response, the defendants deny any wrongdoing, and assert that they have no racially discriminatory policies. Discovery in the case is now concluded and closed.

The present motion arises from the recent dissolution of the plaintiff NY ACORN. Previously in this case, NY ACORN represented the interests of approximately 2,000 member families who lived on Long Island, and who claimed to seek racially integrated, affordable housing. See ACORN I, 2006 WL 2053732 at *10 (“ACORN does not assert claims on its behalf, but only on behalf of its members.”). However, due to funding difficulties and a September 2009 incident unrelated to the present case, many of NY ACORN’s national sister chapters disbanded. See, e.g., Times Topics: Acorn, March 23, 2010, available online at http://topics.nytimes. com/top/reference/timestopics/organizations/ a/acorn/index.html. As of February 22, 2010, NY ACORN followed suit, and likewise ceased to exist. As such, no party is currently asserting claims on behalf of NY ACORN’s former members.

Presently, New York Communities for Change, Inc. (“NYCC”) seeks to intervene as the practical — though not the legal — successor to NY ACORN. NYCC states that it has purchased NY ACORN’s membership list and has agreed to provide certain services to NY ACORN’s former members. NYCC also asserts that most of its current Long Island-[125]*125based members are former members of NY ACORN, and that both of its co-executive directors are former NY ACORN employees. In addition, NYCC Co-Executive Director Ann Sullivan was the only NY ACORN representative deposed during discovery in this case. NYCC maintains that it should be permitted to intervene in this action so that, like NY ACORN, it may assert claims against the defendants on behalf of its members — most of whom previously had their claims asserted in this case by NY ACORN. The claims NYCC seeks to assert are substantially the same as those formerly alleged by NY ACORN.

The defendants oppose NYCC’s intervention on the grounds that any claims by NYCC are now barred by the relevant statutes of limitations. The defendants also assert that NYCC’s intervention would require the parties to re-open discovery, causing unfair expense and delay.

II. DISCUSSION

NYCC seeks intervention by right pursuant to Fed.R.Civ.P. 24(a), as well as permissive intervention pursuant to Fed.R.Civ.P. 24(b). The defendants oppose intervention on both grounds. While the Court is doubtful that NYCC is entitled to intervention by right under Rule 24(a), the Court will exercise its discretion to permit NYCC to intervene pursuant to Rule 24(b).

Rule 24(b) provides in pertinent part:

(b) Permissive Intervention.
(1) In General. On timely motion, the court may permit anyone to intervene who:
(B) has a claim or defense that shares with the main action a common question of law or fact.
(3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.

Generally, a district court has broad discretion to grant or deny a request for permissive intervention. Catanzano by Catanzano v. Wing, 103 F.3d 223, 234 (2d Cir.1996); Securities and Exchange Commission v. Everest Management Corp., 475 F.2d 1236, 1240 (2d Cir.1972) (“Rule 24(b) necessarily vests broad discretion in the district court to determine the fairest and most efficient method of handling a case with multiple parties and claims.”). A court deciding a motion for permissive intervention under Rule 24(b) should consider (1) the relation of the proposed intervenor’s claims to the pending case, (2) the timeliness of the motion, and (3) the effect of intervention on the parties to the case. Catanzano, 103 F.3d at 234; New York News, Inc. v. Kheel, 972 F.2d 482, 487 (2d Cir.1992).

Here, there is no dispute that NYCC’s claims are related to the pending suit, as NYCC seeks to assert claims that are substantially identical to those asserted by the current plaintiffs. However, the defendants contend that NYCC’s intervention is untimely because its claims are barred by the relevant statutes of limitations. For its part, NYCC does not deny that the ordinary limitations periods on its claims have run, but maintains that its claims relate back to the original, timely complaint. The defendants dispute this contention, and further assert that NYCC’s intervention would require additional discovery, and that this would cause them unfair burden and delay.

First, with respect to the timeliness issue, the Court finds that NYCC’s claims do relate back to the timely original complaint. Unlike Fed.R.Civ.P. 15

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Bluebook (online)
270 F.R.D. 123, 2010 U.S. Dist. LEXIS 59368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acorn-v-county-of-nassau-nyed-2010.