Koehler v. Metropolitan Transportation Authority

214 F. Supp. 3d 171, 95 Fed. R. Serv. 3d 1911, 2016 U.S. Dist. LEXIS 142567, 2016 WL 6068810
CourtDistrict Court, E.D. New York
DecidedOctober 14, 2016
Docket16-cv-0003 (ADS) (AYS)
StatusPublished
Cited by4 cases

This text of 214 F. Supp. 3d 171 (Koehler v. Metropolitan Transportation Authority) 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
Koehler v. Metropolitan Transportation Authority, 214 F. Supp. 3d 171, 95 Fed. R. Serv. 3d 1911, 2016 U.S. Dist. LEXIS 142567, 2016 WL 6068810 (E.D.N.Y. 2016).

Opinion

MEMORANDUM OF DECISION & ORDER

SPATT, District Judge.

This case arises from allegations by the Plaintiff Robert Koehler (the “Plaintiff’) that he suffered injuries because of the negligence of his employer the Defendant Metropolitan Transportation Authority (the “Defendant” or the “MTA”) in violation of the Federal Employers’ Liability Act, 45 U.S.C. § 51. Presently before the Court is a motion by the Defendant, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 12(b)(6), to dismiss the sole claim against it. For the following reasons, their motion to dismiss is granted.

I. BACKGROUND

A. The Alleged Facts

The following facts are drawn from the complaint unless otherwise stated and are taken as true for the purpose of resolving the instant motion:

During the relevant period, the Defendant was a “Public Authority, duly organized and existing under and by virtue of the laws of the State of New York,” (Compl. at ¶2), which was “engaged in interstate commerce by rail and operated a system of railroads and railroad yards,” (id. at ¶ 3), within the Eastern District. The Plaintiff worked for the Defendant as a police officer for some period of time including the date November 16, 2014. (Id. at ¶ 4). On that date, November 16, 2014, the Plaintiff alleges that he was injured in the performance of his duties as a police [173]*173officer near the K-Mart on the Long Island Rail Road (the “LIRR”) Main Concourse at Pennsylvania Station because of the negligence, carelessness, recklessness of the Defendant. (Id. at ¶¶ 6, 7). The Defendant owns and operates Pennsylvania Station, and assigns its police officers to work there. (Id. at ¶ 5). The Plaintiff further alleges that his injuries were caused by, among other things, failing to inspect and keep the LIRR concourse in good repair; namely, in permitting a loose, unsecured and unnecessary stanchion to be and remain on the LIRR concourse. (Id. at ¶ 7).

B. Relevant Procedural History

The Plaintiff commenced this action against the Defendant with the filing of a complaint on January 3, 2016. The complaint consists of nine numbered paragraphs totaling just more than two pages. The Plaintiff states one cause of action under the Federal Employers’ Liability Act (the “FELA”), 45 U.S.C. § 51, alleging that the Plaintiff was injured because of the Defendant’s negligence in permitting a loose and unsecured stanchion to be in the Pennsylvania Station concourse.

On March 21, 2016, the Defendant filed a Motion to Dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). The Defendant makes two intertwining arguments: namely, that the Plaintiff does not allege sufficient facts for an FELA claim, and that the pleading standards for Fed. R. Civ. P. 8 announced in Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), and Bell Atlantic v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) apply to FELA actions.

On March 22, 2016, the Plaintiff filed a memorandum in opposition to the Defendant’s motion. In it, the Plaintiff makes three arguments all in support of the proposition that Iqbal, Twombly, and the pleading requirements of Fed. R. Civ. P. 8 do not apply to FELA actions: 1) that the United States Supreme Court has a long line of precedents permitting bare bones pleading of FELA claims, and 2) that stare decisis constrains adherence to those principles, and 3) that the Defendant does not overcome the strong presumption of stare decisis. The Plaintiff argues in the alternative that if the Court finds that Iqbal and Twombly apply, that the Plaintiff has met that burden. The Plaintiff attached “one” exhibit, which consisted of eighteen pages. The exhibit includes: the MTA Police Department Draft Incident Report; a Service-Related Injury Report; apparent screen shots of what appears to be an internal MTA Police Department tracking system; an MTA Workers’ Compensation Form; a New York State Workers’ Compensation Board Employee Claim Form; a Request for Medical Leave Form; and an Authorization for Exchange of Medical Information.

The Defendant filed a reply memorandum in further support of its motion to dismiss the complaint on April 4, 2016.

For the reasons stated below, the Defendant’s motion is granted.

II. DISCUSSION

A. As to the Plaintiffs Submission of Exhibits with His Memorandum of Law in Opposition

As noted above, the Plaintiff attached eighteen pages of exhibits to his memorandum in opposition to the Defendant’s Motion to Dismiss. These exhibits were not attached to the complaint, nor were they referenced in the complaint. The Plaintiff does not appear to rely on these documents in support of his memorandum, but instead states that he attached them to [174]*174“stand in proof of [the] [Defendant’s actual knowledge of both the [P]laintiffs accident and the injuries he suffered.” PI. Mem. of Law at 2. The Court declines to consider them in deciding the Defendant’s motion to dismiss.

“When determining the sufficiency of plaintiff’s] claim for Rule 12(b)(6) purposes, consideration is limited to the factual allegations in [the] complaint, documents attached to the complaint as an exhibit or incorporated in it by reference, matters of which judicial notice may be taken, or documents either in plaintiff’s] possession or of which plaintiff] had knowledge and relied in bringing suit.” Brass v. Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir.1993). Therefore, when a plaintiff chooses not to attach to the complaint or incorporate by reference a [document] upon which it solely relies and which is integral to the complaint, the court may nevertheless take that document into consideration in deciding a defendant’s motion to dismiss, without converting the motion into one for summary judgment. Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 47-48 (2d Cir.1991).

However, when a party submits additional evidence to the Court in connection with a motion to dismiss, beyond the scope of those allowed under, (e.g.,) Brass and Cortee, “a district court must either ‘exclude the additional material and decide the motion on the complaint alone’ or ‘convert the motion to one for summary judgment under Fed. R.Civ. P. 56 and afford all parties the opportunity to present supporting material.’ ” Friedl v. City of New York, 210 F.3d 79, 83 (2d Cir. 2000) (quoting Fonte v. Bd.

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Bluebook (online)
214 F. Supp. 3d 171, 95 Fed. R. Serv. 3d 1911, 2016 U.S. Dist. LEXIS 142567, 2016 WL 6068810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koehler-v-metropolitan-transportation-authority-nyed-2016.