Hall v. Daka International, Inc.

172 F.R.D. 19, 38 Fed. R. Serv. 3d 1124, 1997 U.S. Dist. LEXIS 6140, 1997 WL 222351
CourtDistrict Court, N.D. New York
DecidedApril 18, 1997
DocketNo. 1-95-CV-1099
StatusPublished

This text of 172 F.R.D. 19 (Hall v. Daka International, Inc.) 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.

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Hall v. Daka International, Inc., 172 F.R.D. 19, 38 Fed. R. Serv. 3d 1124, 1997 U.S. Dist. LEXIS 6140, 1997 WL 222351 (N.D.N.Y. 1997).

Opinion

MEMORANDUM-DECISION & ORDER

McÁVOY, Chief Judge.

I. BACKGROUND

Presently before the Court is Plaintiffs motion, pursuant to Rules 60(b) and 59(e) of the Federal Rules of Civil Procedure, seeking reconsideration of this Court’s prior Memorandum-Decision & Order granting Defendants’ Motion for Summary Judgment.

Plaintiff Lois Hall alleges that she was discriminated against on the basis of her age, sex, and race by her former employer, defendant Daka International, and two of her former supervisors, Ira Adler and Steven Andersen. Plaintiff Hall’s Complaint asserts claims for age discrimination, sex discrimination, and reverse race discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-2 et seq., New York Human Rights Law, N.Y. Exec. L. § 290 et seq., and New York Civil Rights Law, N.Y. Civ. Rts. L. § 40-c et seq. Plaintiff also claims a violation of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1140, for discrimination in connection with her eligibility for pension benefits.

On December 17, 1996, this Court granted Defendants’ Motion for Summary Judgment, dismissing Plaintiffs Complaint in its entirety. See Hall v. Daka Int’l, Inc., 949 F.Supp. 969 (N.D.N.Y.1996). In its December 17, 1996 decision, the Court found that no genuine issue of material fact exists as to whether Plaintiff can prove age discrimination, sex discrimination, and reverse race discrimination. In addition, the Court held that summary judgment is appropriate as to Plaintiffs claim that Daka violated the Employee Retirement Income Security Act. Accordingly, in the absence of a viable federal cause of action, the Court declined to exercise jurisdiction over Plaintiffs state law claims.

On January 3, 1997, Plaintiff filed the instant motion seeking an order, pursuant to [21]*21Rules 60(b) and 59(e), granting plaintiff relief from the December 17,1996 judgment on the grounds that (a) Louis Sakell, a witness, provided an affidavit that clearly indicates Defendants terminated Plaintiff from her job because of her age and (b) it was not possible to submit such affidavit prior to November 26, 1996. In addition, Plaintiff seeks such other relief as this Court deems just and proper.

II. DISCUSSION

A motion made pursuant to Rule 60 must adhere to strict standards because relief from judgment is limited to the six grounds specified in the rule:

On motion and upon such terms as are just, the court may relieve a party ... from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud ... misrepresentation, or other conduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged ... or (6) any other reason justifying relief from the operation of the judgment.

Fed.R.Civ.P. 60(b). In deciding a Rule 60(b) motion, “a court must balance the policy in favor of hearing a litigant’s claims on the merits against the policy in favor of finality.” Kotlicky v. United States Fidelity & Guar. Co., 817 F.2d 6, 9 (2d Cir.1987). See also 11 Charles Alan Wright, Arthur R. Miller and Mary Kay Kane, Federal Practice and Procedure § 2857 (1995).

All Rule 60(b) motions must be made within a reasonable time. See Fed.R.Civ.P. 60(b). Moreover, courts typically require that the evidence in support of the motion for relief be “highly convincing,” that a party show good cause for the failure to act sooner, and that no undue hardship be imposed on other parties. See, e.g., United States v. Cirami, 563 F.2d 26, 33 (2d Cir.1977). Finally, Rule 60 determinations are committed to the sound discretion of the district court and will not be overturned on appeal absent an abuse of discretion. See Browder v. Director, Dep’t of Corrections, 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 560 n. 7, 54 L.Ed.2d 521 (1978).

Although Plaintiff does not state the precise subpart of Rule 60(b) upon which she relies, Plaintiff appears to seek relief from judgment based on subparts (1), (2), and (6), which generally provide for relief because of “mistake,” “newly discovered evidence,” and any “other” justifiable reason, respectively. However, subpart (6) is properly invoked only “where there are extraordinary circumstances!,] where the judgment may work an extreme and undue hardship,” DeWeerth v. Baldinger, 38 F.3d 1266, 1272 (2d Cir.1994), and where the asserted grounds for relief “are not recognized in clauses (1) — (5) of the Rule.” Nemaizer v. Baker, 793 F.2d 58, 63 (2d Cir.1986); see also Matarese v. LeFevre, 801 F.2d 98, 107 (2d Cir.1986), cert. denied, 480 U.S. 908, 107 S.Ct. 1353, 94 L.Ed.2d 523 (1987). Because the Court finds that Plaintiffs asserted grounds are covered by sub-parts other than subpart (6), the Court will focus only on subparts (1) and (2).

A. RULE 60(b)(2)

Addressing subpart (2) first, Plaintiff argues that the affidavit of Louis Sakell represents “newly discovered evidence” that the Court must now consider. Sakell’s affidavit apparently substantiates Plaintiffs allegation that Defendants’ decision to terminate her was based on age animus.

However, in order to succeed on a motion pursuant to Rule 60(b)(2), the movant must present evidence that is “truly newly discovered or ... could not have been found by due diligence.” Westerly Electronics Corp. v. Walter Kidde & Co., 367 F.2d 269, 270 (2d Cir.1966); see also Ryan v. United States Lines Co., 303 F.2d 430, 434 (2d Cir. 1962); Rivera v. M/T Fossarina, 840 F.2d 152, 156 (1st Cir.1988).

In a case similar to the present one, the

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172 F.R.D. 19, 38 Fed. R. Serv. 3d 1124, 1997 U.S. Dist. LEXIS 6140, 1997 WL 222351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-daka-international-inc-nynd-1997.