Burns v. Cnty. of Nassau

337 F. Supp. 3d 210
CourtDistrict Court, E.D. New York
DecidedOctober 9, 2018
Docket1:17-cv-02721 (ADS)(SIL); 2:16-cv-03974 (ADS)(SIL)
StatusPublished
Cited by5 cases

This text of 337 F. Supp. 3d 210 (Burns v. Cnty. 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
Burns v. Cnty. of Nassau, 337 F. Supp. 3d 210 (E.D.N.Y. 2018).

Opinion

II. DISCUSSION

The Court finds application of the first-filed rule appropriate. The earlier-filed Arciello collective action relates to the same conduct and involves a putative class that encompasses the Plaintiffs in this case. However, as explained more fully below, dismissal is not the appropriate disposition. The Court therefore will consolidate this case with Arciello .

The first-filed rule is a "well-settled legal doctrine, instructing that 'where there are two [or more] competing lawsuits, the first suit should have priority, absent the showing of balance of convenience or special circumstances giving priority to the second.' " Wyler-Wittenberg. v. MetLife Home Loans, Inc. , 899 F.Supp.2d 235, 243 (E.D.N.Y. 2012) (Spatt, J.) (quoting First City Nat'l Bank & Trust Co. v. Simmons , 878 F.2d 76, 79 (2d Cir. 1989) ). The rule "arises from the court's power to administer its docket to conserve judicial resources, and to promote the efficient and comprehensive disposition of cases." Castillo v. Taco Bell of Am., LLC , 960 F.Supp.2d 401, 404 (E.D.N.Y. 2013). When determining whether to apply the first-filed doctrine, "the court considers whether the lawsuits at issue assert the same rights, and seek relief based upon the same facts. The lawsuits need not be identical, but the claims and rights raised in the two actions must not differ substantially." Id. ; Wyler-Wittenberg , 899 F.Supp.2d at 244 ; Byron v. Genovese Drug Stores, Inc. , No. 10-cv-3313, 2011 WL 4962499, *2 (E.D.N.Y.2011) ; Oleg Cassini, Inc. v. Serta, Inc. , No. 11-cv-8751, 2012 WL 844284 *3 (S.D.N.Y.2012) ; (for first-filed rule to apply "issues need not be identical, and the named parties need not be entirely the same provided that they represent the same interests").

With these principles in mind, the Court will address each of the Plaintiffs' objections to the motion to dismiss in turn.

1. As to Whether the First-Filed Rule Is Limited to Cases in "Different Courts"

The Plaintiffs assert that the first-filed doctrine cannot apply, because both this action and the Arciello action are currently pending in the Eastern District of New York (before the Court and Judge Locke). Specifically, the Plaintiffs argue the first-filed rule only applies when the parties file competing lawsuits in "different courts," i.e. , different judicial districts. According to the Plaintiffs, the first-filed rule is designed *214to protect the initial plaintiff's choice of forum, therefore, it cannot apply to cases filed within the same District Court.

While this argument has some intuitive appeal, it ignores the other rationales for the doctrine, namely, the "conserve[ation] of judicial resources and promoting the efficient and comprehensive disposition of cases." Castillo , 960 F.Supp.2d at 404. Allowing two lawsuits touching on the same issue, and with substantially related parties, to proceed along separate tracks, even where both are in front of the same court, cannot promote those ends. Unsurprisingly then, courts have thus applied the first-filed rule to cases present before the same court. See Greenaway v. Apple-Metro , Inc., No. 13-cv-2818, 2013 WL 12216603, at *1 (E.D.N.Y. Nov. 19, 2013) ; Naula v. Rite Aid of New York , No. 08-cv-11364, 2010 WL 2399364, at *1 (S.D.N.Y. Mar. 23, 2010). The Plaintiffs cite no cases to the contrary.

Therefore, the Court finds the Plaintiffs' opposition to the application of the first-filed rule on this ground to be unpersuasive.

2. As to Whether the Parties Are Identical or Substantially the Same

The Plaintiffs further argue that this case and Arciello are not "competing lawsuits" because there is no overlap between the parties. In support of this argument, the Plaintiffs rely on the fact that none of them opted-in to the Arciello collective action; that they are not seeking to represent any additional individuals other than those who have already opted in; and that the Plaintiffs in Arciello are not seeking to represent the Plaintiffs here. The Court disagrees.

As a starting point, the Plaintiffs are incorrect that "[t]he first filed rule applies only where the parties and claims between the first filed suit and the second-filed suit are identical." ECF 36 at 6. "[A]pplication of the rule does not require identical parties in the cases, but merely requires 'substantial overlap.' " Wyler-Wittenberg , 899 F.Supp.2d at 244 (quoting Spotless Enterprises Inc. v. The Accessory Corp. , 415 F.Supp.2d 203, 205-06 (E.D.N.Y.2006) ). Here, the Plaintiffs, as employees of the County who allege they were not paid on their scheduled payday for work performed in excess of the applicable overtime thresholds, fall within the putative class in Arciello . Their claims therefore are substantially similar to, if not the same as, the Arciello Plaintiffs.

The Court encountered nearly identical circumstances in Wyler-Wittenberg v. MetLife Home Loans, Inc. , and found application of the first-filed rule appropriate. The Court explained:

Here, there is some degree of overlap that exists between the parties, claims, and the relief sought in each of the collective and class actions against MetLife. With regard to parties, MetLife is the same defendant-employer in each of the actions, but the seventy-five plaintiffs who opted-in as parties to the instant action are not the same plaintiffs as those in Cerami or Swisher . However, in the assessment of whether the "first-filed" rule is applicable, the Second Circuit plainly does not require the first-filed action and the subsequent action to consist of identical parties. Moreover, the Court recognizes vast similarities among the individual plaintiffs in each of the putative collective and class actions against MetLife.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
337 F. Supp. 3d 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-cnty-of-nassau-nyed-2018.