Bridgeport Guardians v. Delmonte

238 F.R.D. 123, 2006 U.S. Dist. LEXIS 86602, 2006 WL 3424933
CourtDistrict Court, D. Connecticut
DecidedNovember 29, 2006
DocketNo. 05:78cv175 (JBA)
StatusPublished
Cited by3 cases

This text of 238 F.R.D. 123 (Bridgeport Guardians v. Delmonte) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridgeport Guardians v. Delmonte, 238 F.R.D. 123, 2006 U.S. Dist. LEXIS 86602, 2006 WL 3424933 (D. Conn. 2006).

Opinion

RULING DENYING JOINT MOTION FOR APPROVAL AND ADOPTION OF STIPULATION AND PROPOSED ORDER [DOC. # 1521]

ARTERTON, District Judge.

On July 7, 2006, the parties submitted a Joint Motion for Approval and Adoption of Stipulation and Proposed Order [Doc. # 1521], which Stipulation and Proposed Order [Doc. # 1523] seeks to modify the 1983 Remedy Order (“Remedy Order”), 553 F.Supp. 601 (D.Conn.1982) (Daly, J.), in recognition “that the circumstances surrounding the findings and conclusions set forth in the 1983 Remedy Order ... have substantially changed over the course of the past twenty-three years.” While the Court is appreciative of the efforts of the parties to reach agreements among themselves, for the reasons below the Court denies the Motion.

I. Introduction

The Court shares the parties’ objective of providing for an orderly transition of the Bridgeport Police Department (“BPD”) to its own operation after many years of Court supervision. The Court disagrees that this Stipulation and Proposed Order, which all counsel have advised must be accepted “in its entirety” (Joint Mot. [Doc. # 1521] at 3) or not at all, is the appropriate vehicle for achieving this objective. While the Stipulation and Proposed Order offers focused means of resolving certain disputed issue areas, such as discipline, rotation among specialized units, and pending contempt citations, it also purports to restructure the decision-making processes and personnel, an approach that is not only over-broad but also unrelated to any demonstrated changed circumstances warranting such Remedy Order modifications.

II. Standard for Modification of an Order

The parties contemplate a “dismissal” of this case as if its status is one of pending litigation. In fact, this case was tried to verdict in 1982 [Doc. # 107], and judgment was entered against the defendants and the Remedy Order issued in 1983. As the parties now seek modification of the Remedy Order, their motion is governed by Fed. R.Civ.P. 60(b)(5), which provides that a “court may relieve a party or a party’s legal representative” from an order when “it is no longer equitable that the [order] should have [125]*125prospective application.” The “court has continuing power to modify or vacate a final decree ... [as] a necessary concomitant of the prospective operation of equitable relief.” Wright & Miller, Fed. Practice & Procedure 2d, § 2961.

The Supreme Court has encouraged a “flexible” approach to modification of remedy orders “in institutional reform litigation because such decrees ‘reach beyond the parties involved directly in the suit and impact on the public's right to the sound and efficient operation of its institutions.’ ” Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 381, 112 S.Ct. 748, 116 L.Ed.2d 867 (1992). Two steps must be satisfied for a Rule 60(b)(5) modification. First, the parties seeking modification must establish that “a significant change in circumstances warrants revision of the decree,” id. at 383, 112 S.Ct. 748. Second, they must show that the “proposed modification is suitably tailored to the changed circumstance,” id. at 391, 112 S.Ct. 748. A hearing is typically required for the Court to determine whether these criteria have been met.

III. Defects in the Stipulation and Proposed Order

A. Decision-Making Structure

The provisions of the Stipulation and Proposed Order place before Special Master William H. Clendenen, Jr. all “complaints by individual Black officers” and transfer “all farther proceedings” to Magistrate Judge William Garfinkel. (See Stip. [Doc. # 1523] at 2-3 ¶¶ 5, 6.) A special master is appointed by order of a district court, which delineates the special master’s duties, sphere of authority, record-keeping responsibilities, procedures and standards for review of the special master’s recommendations, and the terms of compensation. Fed.R.Civ.P. 53(b)(2). This was done by Judge Daly’s Order of January 14, 1983. (See Order [Doc. # 112].) Special Master Clendenen has served on this case extremely ably and for more years than any counsel or judge involved in this case. This does not mean, however, that he or another special master should be obligated by the parties’ Stipulation to serve in this case until 2010. (See Stip. at 2-3 ¶ 5(a), 6 ¶ 18.)

The parties further require by their Stipulation that “this action and all matters pending herein shall be transferred to Magistrate Judge William I. Garfinkel who is designated to conduct all further proceedings” (Stip. at 3 ¶ 6). First, the Court sees any transfer within the District as serving no meaningful resource conservation purpose, particularly as transfer to a magistrate judge would unduly disrupt the carefully balanced workload distribution among magistrate judges effected by the District’s “pairing system.” Moreover, it is illogical to conclude that the desired “orderly transition” is better carried out by a new judicial officer rather than one with years of familiarity.

Lastly, the parties’ requirements that judicial administration of this case be altered does not fall within the scope of factors to be considered in determining whether or when the injunctive Remedy Order terms should be modified or vacated. See Rufo, 502 U.S. at 383, 391, 112 S.Ct. 748 (requiring that parties seeking modification of remedy orders under Fed.R.Civ.P. 60(b)(5) must first prove that “a significant change in [the factual] circumstances” or the legal landscape “warrants revision of the decree,” and second, that the “proposed modification is suitably tailored to the changed circumstance”). Given this District’s demanding docket and the structure of the relationship between the district judges and magistrate judges, the Court concludes that transfer of this case to Magistrate Judge Garfinkel or “to another full-time United States Magistrate Judge sitting in the Bridgeport Courthouse” (Stip. at 3 ¶ 6) is inappropriate as well as unrelated to any changed circumstance warranting revision of the administrative mechanisms of the Remedy Order.

B. Scope

The parties seek to have their Stipulation and Proposed Order “govern and control all further action and progress” and render “[a]U prior rulings and orders ... rescinded, repealed or modified as needed to be in compliance with this Order.” (Stip. [Doc. # 153] at 2 ¶1.)

[126]*126Having supervised this case for ten years, the Court is well aware that many circumstances have changed since the Remedy Order was issued in 1983, due at times to the ameliorative compromises and negotiations among the parties. However, the Court also recognizes its responsibility to “provide an orderly means for withdrawing control” that will ensure continuation of the progress already made. See Freeman v. Pitts, 503 U.S. 467, 489-90, 112 S.Ct.

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Related

Bridgeport Guardians, Inc. v. Delmonte
620 F. Supp. 2d 337 (D. Connecticut, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
238 F.R.D. 123, 2006 U.S. Dist. LEXIS 86602, 2006 WL 3424933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgeport-guardians-v-delmonte-ctd-2006.