Croons v. New York State Office of Mental Health

304 F.R.D. 98, 90 Fed. R. Serv. 3d 997, 2015 U.S. Dist. LEXIS 5823, 2015 WL 196426
CourtDistrict Court, N.D. New York
DecidedJanuary 14, 2015
DocketNo. 6:10-CV-1277
StatusPublished

This text of 304 F.R.D. 98 (Croons v. New York State Office of Mental Health) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Croons v. New York State Office of Mental Health, 304 F.R.D. 98, 90 Fed. R. Serv. 3d 997, 2015 U.S. Dist. LEXIS 5823, 2015 WL 196426 (N.D.N.Y. 2015).

Opinion

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

In October 2010, plaintiff Charles M. Croons (“Croons” or “plaintiff’) filed this discrimination lawsuit against the New York State Office of Mental Health’s Central New York Psychiatric Center (“CNYPC”) and several of its current and former employees. Plaintiffs operative complaint enumerated fourteen causes of action for alleged violations of federal and state law. Following extensive discovery, defendants moved pursuant to Federal Rule of Civil Procedure (“Rule”) 56 seeking summary judgment on all of plaintiffs various claims. That motion was fully briefed and oral argument was heard on September 27, 2013 in Utica, New York.

On May 12, 2014, a Memorandum-Decision and Order (the “May 12 Decision” or the “Decision”) granted defendants’ motion for summary judgment in its entirety. Croons v. N.Y.S. Office of Mental Health, 18 F.Supp.3d 193 (N.D.N.Y.2014). Croons now moves pursuant to Rule 59(e) and Rule 60(b) for “relief from the court’s summary judgment order” because he purports to have identified a number of errors in that Decision. Pl.’s Mem., ECF No. 57-1, 2.1 The motion has been fully briefed and will be considered on its submissions without oral argument.

II. DISCUSSION

Croons argues vacatur of the May 12 Decision is warranted because: (1) it misapplied the legal standard governing a motion for summary judgment; (2) defendants committed discovery violations; and (3) plaintiff has come into possession of newly discovered evidence. Pl.’s Mem. 2.

A Rule 59(e) motion requires a plaintiff to satisfy “the heavy burden of demonstrating ‘an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.’” Hollander v. Bd. of Regents, 524 Fed.Appx. 727, 729 (2d Cir. 2013) (summary order) (quoting Virgin Atl. Airways, Ltd. v. Nat’l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir.1992)), cert. denied, U.S., 134 S.Ct. 197, 187 L.Ed.2d 45 (2013).

In a similar vein, “[mjotions under Rule 60(b) are addressed to the sound discretion of the district court and are generally granted only upon a showing of exceptional circumstances.” Cortez Byrd v. Corporacion Forestal y Indus, de Olancho, S.A., 974 F.Supp.2d 264, 267 (S.D.N.Y.2013) (quoting Mendell ex rel. Viacom, Inc. v. Gollust, 909 F.2d 724, 731 (2d Cir.1990)).

Specifically, Rule 60(b) empowers a district court with discretion to relieve a party from a final judgment, order, or proceeding for six, enumerated reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; or (6) for “any other reason that justifies relief.” Fed.R.Civ.P. 60(b)(1)-(6).

Because these six provisions are “intended to preserve the delicate balance between the sanctity of final judgments and the incessant command of the court’s conscience that justice be done in light of all the facts____, motions for relief from judgment under Rule 60(b) are generally disfavored in the Second Circuit.” Bernstein v. Appellate Div. First Dep’t Disciplinary Comm., No. 07 Civ. 1196(SAS), 2010 WL 5129069, at *1 (S.D.N.Y. Dec. 15, 2010) (citations and explanatory parenthetical omitted).

1. Summary Judgment2

Croons first argues that the May 12 Decision “failed to interpret the evidence in [101]*101light [sic] most favorable to the plaintiff’ because “it credited [ ] defendants’ reply submissions which asserted there was a change in policy prohibiting plaintiff from working light duty in the supervisor’s office.” Pl.’s Mem. 3.

At the outset, an appreciation of the relevance (or irrelevance) of the claimed policy change about which Croons now complains tons on a working understanding of one of plaintiffs theories of discrimination. So while the May 12 Decision recounts the relevant factual background in this matter in some detail, see Croons, 18 F.Supp.3d at 196-99, and while the parties’ familiarity with that background is presumed for purposes of this motion, the recitation of a few pertinent details is necessary to properly disabuse plaintiff of his mistaken understanding of the Decision’s analysis.

Croons, an African-American male employed as a Security Hospital Treatment Assistant (“SHTA”) at CNYPC, suffered an on-duty injury on June 1, 2007 and was promptly placed on administrative leave. Croons, 18 F.Supp.3d at 196. Shortly thereafter, plaintiff was medically cleared for “light duty” and allegedly made repeated requests for such an assignment. Id. at 196-97. However, supervisory personnel at CNYPC never furnished plaintiff with light duty and, on July 13, 2008, terminated him pursuant to New York Civil Service Law § 71. Id. at 197-98. Later, after plaintiff obtained a full medical clearance, defendants were slow to reinstate him to his former position and this lawsuit was commenced in the interim. Id. at 198-99.

There is no question that Croons’s injury, his prolonged administrative leave and eventual termination, and defendants’ apparent recalcitrance to reinstate him represented an unfortunate series of events. Of course, these facts alone were not actionable, since “it is hornbook law that the mere fact that something bad happened to a member of a particular racial group does not, without more, establish that it happened because the person is a member of that racial group.” Williams v. Calderoni, No. 11 Civ. 3020(CM), 2012 WL 691832, at *7 (S.D.N.Y. Mar. 1, 2012) (emphasis in original) (citation and explanatory parenthetical omitted).

But Croons insisted he could do more than simply identified perceived injustice in defendants’ actions and omissions—he offered theories of discriminatory conduct that could give rise to civil liability at each juncture of this employment saga. With respect to defendants’ failure to assign him light duty prior to his termination, plaintiff relied on a theory of disparate treatment and claimed to have identified several “white” employees who were afforded the assignments that he, an African-American, had been denied. Obviously, if plaintiff could identify any record evidence to support a finding that a similarly situated employee outside his own protected class had been given light duty during the time period he was eligible to receive it yet nevertheless denied it, then he would unquestionably have carried his virtually de minimis burden of establishing a prima facie case of disparate treatment on this particular theory of discrimination.

Croons purported to have identified three white SHTAs for purposes of this comparator analysis—Deb Vrooman, Danny Valieki, and Ray Mellor. Plaintiff asserted that each of these individuals had worked light duty at CNYPC in some capacity at some point in the past.

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Bluebook (online)
304 F.R.D. 98, 90 Fed. R. Serv. 3d 997, 2015 U.S. Dist. LEXIS 5823, 2015 WL 196426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croons-v-new-york-state-office-of-mental-health-nynd-2015.