Bunten v. Donat

Opinion

= Westchester = Long Island K Cc. A IN Cler> Cc. AN Cc PC. 445 Hamilton Avenue 534 Broadhollow Road TSRRESS Er LAW Suite 1500 Suite 460 White Plains, NY 10601 Melville, NY 11747 Phone 914.946.4777 Phone 631.776.5910 @ Mid-Hudson @ New York City 200 Westage Business Center 60 East 42n4 Street Suite 120 Suite 810 Fishkill, NY 12524 New York, NY 10165 Phone 845.896.0120 Phone 646.794.5747 June 18, 2025

VIA ECF RICHARD K. ZUCKERMAN Hon. Nelson S. Roman, U.S.DJ. □□□□□□□□□□□□□□□□□□□□□□ Charles L. Brieant Jr. Federal Building and Courthouse Direct: 631.776.5912 300 Quarropas Street White Plains, NY 10601 USDC SDNY DOCUMENT Re: Bunten, et al. v. City of Newburgh, et al. ELECTRONICALLY FILED 21 Ctv. 4588 (NSR) DOC #: DATE FILED: 6/24/2025 Dear Judge Roman: On behalf of Defendants, we write to update the Court as to the status of this action and request a pre-motion conference. This is an employment discrimination case in which six City of Newburgh employees each asserted a single claim alleging a violation of their Equal Protection rights pursuant to 42 US.C. § 1983. By Opinion & Order dated April 16, 2024, this Court granted Defendants’ motion for summary judgment regarding all of these claims except with respect to the claim asserted by Plaintiff Maritza Wilson. See Bunten v. Donat, 2024 WL 1640054 (S.D.N.Y. Apr. 16, 2024). Defendant Joseph Donat, the former City Manager of Newburgh, pursued an interlocutory appeal from the Opinion & Order, arguing that he was entitled to qualified immunity. By Summary Order dated May 19, 2025, the Second Circuit reversed and remanded, holding that Wilson had failed to establish a prima facie case of gender discrimination and, therefore, “there was no constitutional violation by Donat.” Brown v. Donat, No. 24-1344-CV, 2025 WL 1430572, at *4 (2d Cir. May 19, 2025). On appeal, Donat argued that the Second Circuit should exercise pendent jurisdiction and dismiss Wilson’s claim against the City. As a matter of law, Wilson’s failure to establish a prima facie case of gender discrimination against Donat necessarily forecloses her claim against the City. The Second Circuit, however, declined to exercise pendent jurisdiction, finding that Wilson’s claim against Donat and the City were not “inextricably intertwined” for jurisdictional purposes. Brown, 2025 WL 1430572, at *4, n. 4. On June 9, 2025, the Clerk of this Court docketed the Mandate issued by the Second Circuit. (ECF Doc. No. 75).

NCAINOIDECAINE®c.

Hon. Nelson S. Roman, U.S.D,J. June 18, 2025 Page 2

We have asked Wilson’s counsel whether his client will stipulate to the voluntary discontinuance of her claim against the City based upon the Second Circuit’s holding. He responded in the negative. The City, therefore, requests a pre-motion conference, as it intends to move for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). The City’s motion will rest on hornbook law and the Second Circuit’s holding on Donat’s interlocutory appeal. To establish municipal liability pursuant to Monel, there must be, znter aa, an underlying constitutional violation. See Rosado v. Village of Goshen, No. 17-CV-00360 (NSR), 2019 WL 1382975, at *10 (S.D.N.Y. Mar. 27, 2019). The Second Circuit has now ruled that Wilson cannot establish a constitutional violation. Therefore, as a matter of law, Wilson cannot plead a viable Mone// claim against the City. Thank you for your consideration of this matter. Respectfully submitted, /s/ Richard K. Zuckerman Richard K. Zuckerman

ce: Michael H. Sussman, Esq. Plaintiff is directed to respond to this letter on or before June 27, (via ECF) 2025. In light of the filing of a mandate of the U.S.C.A. Summary Order (ECF No. 75) concluding the interlocutory appeal, the Cle of Court is directed to lift the stay. Dated: June 24, 2025 White Plains, NY SO ORDERED: Zz ef

NELSON 8, ROMAN United States District Judge