Halford v. Goodyear Tire & Rubber Co.

161 F.R.D. 13, 1995 U.S. Dist. LEXIS 5287, 1995 WL 236946
CourtDistrict Court, W.D. New York
DecidedJanuary 20, 1995
DocketNo. 93-CV-291S(H)
StatusPublished
Cited by10 cases

This text of 161 F.R.D. 13 (Halford v. Goodyear Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halford v. Goodyear Tire & Rubber Co., 161 F.R.D. 13, 1995 U.S. Dist. LEXIS 5287, 1995 WL 236946 (W.D.N.Y. 1995).

Opinion

DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Before this Court are defendant’s objections to the Report and Recommendation (“R & R”) of the Hon. Carol E. Heckman, United States Magistrate Judge for the Western District of New York, filed August 19, 1994. Magistrate Judge Heckman has recommended that plaintiffs’ motion for class certification be granted. For the reasons set forth below, this Court will accept the Report and Recommendation of Magistrate Judge Heckman, and grant plaintiffs’ motion for class certification.

FACTS

. On August 19, 1994, Magistrate Judge Heckman filed a Report and Recommendation that plaintiffs’ motion for class certification be granted. The facts giving rise to this lawsuit are set forth in the “Background” section of the Report and Recommendation. This Court will not repeat them.

Defendant filed objections (“Objections”) to the Report and Recommendation on September 2, 1994. Defendant asserts seven (7) grounds for objecting: (1) the Magistrate Judge improperly determined that the representative parties will fairly and adequately protect the interests of the class (Objections, pp. 2-6); (2) the Report and Recommendation ignored relevant and controlling precedent (Objections, pp. 6-7); (3) the Magistrate Judge wrongly found that plaintiffs have satisfied the typicality requirement of Fed. R.Civ.P. 23(a)(3) (Objections, pp. 7-8); (4) the Report and Recommendation did not address the argument that a Fed.R.Civ.P. 23(a)(2) common question of law or fact does not exist (Objections, pp. 8-11); (5) the Magistrate Judge wrongly recommended that this is a proper Fed.R.Civ.P. 23(b)(2) class (Objections, pp. 11-12); (6) the Magistrate Judge’s “Background” erroneously states that the collective bargaining agreements at issue provide for “lifetime benefits” (Objections, pp. 12-13); and (7) the Magistrate Judge’s implicit holding that certification would be appropriate under Rule 23(b)(3) is incorrect (Objections, p. 13).

On October 3, 1994, plaintiffs filed a response (“Response”) to defendant’s objections. Defendant filed a reply (“Reply”) on October 24, 1994.

DISCUSSION

This Court will address each of defendant’s seven objections in turn.

1. Antagonism Between Putative Class Members

Defendant’s first objection to the Report and Recommendation is that the representative parties will not fairly and adequately protect the interests of the class. (Objections, pp. 2-6; Reply, pp. 1-5.) Specifically, defendant claims the putative class members have interests antagonistic to each other.

Plaintiffs’ complaint demands, among other things, “[ijnjunctive relief requiring Goodyear to reinstate and provide the health care benefits negotiated by Goodyear and OCAW for class members and eligible dependents for the duration of their lives.... ” (Objections, p. 2.) According to defendant, this demand creates conflicting interests among putative class members for the following reason. Defendant has gratuitously enhanced benefits for certain class members beyond [15]*15the benefits specified in the collective bargaining agreements. (Objections, pp. 2-3.) The relief plaintiffs request would injunctively require defendant to reinstate benefits to negotiated levels, reducing or cancelling benefits for certain class members. (Objections, pp. 2-3.)

A fair reading of the complaint does not support this objection. Plaintiffs represent that they have brought this action “to vindicate the lifetime character of .their benefits,” not to eliminate or reduce benefits. This Court agrees that “[t]he Complaint, far from demanding the cancellation of subsequent coverage increases, is calculated to protect minimum contractual rights against unlawful infringement.” (Response, p. 5.) An injunction “requiring Goodyear to reinstate and provide the health care benefits negotiated by Goodyear and OCAW for class members and eligible dependents for the duration of their lives” would accomplish just that. While requiring defendant to reinstate and provide certain benefits, it would not prevent defendant from providing additional gratuitous benefits. Reinstatement of negotiated benefits does not, on logic alone, preclude defendant from conferring additional benefits on anyone. This Court agrees with the Magistrate Judge that “defendant has not explained how judgment in favor of the class would require the company to reduce or cancel any retiree or spousal benefits.” (R & R, p. 9.)

Since defendant has not demonstrated antagonism among putative class members, there is no need to address its arguments concerning United Independent Flight Officers, Inc. v. United Air Lines, Inc., 572 F.Supp. 1494 (N.D.Ill.1983), aff'd 756 F.2d 1274 (7th Cir.1985), and Crawford v. Marine Midland Bank, No. 87-777E, 1989 U.S. Dist. LEXIS 18291, 1989 WL 29891 (W.D.N.Y. Mar. 24, 1989).

2. Controlling Precedent

Defendant’s second objection is that the Report and Recommendation failed to address controlling and persuasive Second Circuit authority. (Objections, pp. 6-7; Reply, pp. 5-6.) Defendant cites three cases for this Court’s consideration.

First, defendant argues that Carroll v. American Federation of Musicians, 372 F.2d 155 (2d Cir.1967), a case which precedes the 1966 amendments to Fed.R.Civ.P. 23, warrants denial of class certification. (Objections, p. 6.) In Carroll, orchestra leaders challenged the control of unions in the music industry. The Second Circuit, holding that the case was not a true class action, noted that many orchestra leaders were willing members of the union. Id. at 162. Defendant argues that the case at bar should also not proceed as a class action because certain putative class members face reduced or can-celled benefits if plaintiffs succeed. As already explained, however, defendant has not demonstrated how judgment for the class would require it to reduce or cancel any benefits.

Defendant also argues that under Gary Plastic Packaging v. Merrill Lynch, 903 F.2d 176 (2d Cir.1990), and Soper v. Valone, 110 F.R.D. 8 (W.D.N.Y.1985), “class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation.” Gary Plastic, 903 F.2d at 180. (Objections, pp. 6-7.) The Magistrate Judge, contrary to defendant’s objection, did adequately consider this authority. As she stated, “Rule 23(a)(2) requires only that questions of law or fact be shared by the prospective class. It does not require that all questions of law or fact raised be common.” (R & R, p.

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161 F.R.D. 13, 1995 U.S. Dist. LEXIS 5287, 1995 WL 236946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halford-v-goodyear-tire-rubber-co-nywd-1995.