Mazzone v. Stamler

157 F.R.D. 212, 1994 U.S. Dist. LEXIS 14028, 1994 WL 541147
CourtDistrict Court, S.D. New York
DecidedOctober 3, 1994
DocketNo. 89 Civ. 5964 (LBS)
StatusPublished
Cited by4 cases

This text of 157 F.R.D. 212 (Mazzone v. Stamler) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mazzone v. Stamler, 157 F.R.D. 212, 1994 U.S. Dist. LEXIS 14028, 1994 WL 541147 (S.D.N.Y. 1994).

Opinion

OPINION

SAND, District Judge.

Plaintiffs commenced this securities fraud action in September, 1989, seeking to recover damages in connection with a failed real estate venture. On January 10, 1992, this Court signed a Stipulation and Order dismissing plaintiffs’ action. Plaintiffs now move for an order, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, vacating the Stipulation and Order on grounds of mutual mistake. For the reasons set forth below, we grant plaintiffs’ motion and vacate the 1992 Stipulation and Order.

BACKGROUND

This securities fraud action arises out of the failure of a real estate partnership known as Pittsburgh Associates (“Pittsburgh”). The Court refers the reader to a previous opinion, Mazzone v. Stamler, No. 89 Civ. 5964, 1991 WL 113275, at *1-2 (S.D.N.Y. June 19, 1991), for a more complete recitation of the facts.

[213]*213Plaintiffs are former limited partners of the Pittsburgh venture. They commenced this action in September, 1989, seeking to recover damages from defendant promoters and managers. The complaint alleged violations of Securities Exchange Commission Rule 10b-5, and Section 12(2) of the Securities Act of 1933, in connection with the offering memorandum, and breaches of warranties and contractual and fiduciary duties under state law in connection with the management of Pittsburgh’s affairs.

Defendants filed a third-party complaint in October 1990, asserting claims against Pittsburgh’s accountants. This Court dismissed the third-party complaint on June 24, 1991. See Mazzone v. Stamler, 1991 WL 113275 at *4. Our opinion also dismissed plaintiffs’ Section 12(2) claims as time-barred. See id.

On July 30, 1991, defendants moved for summary judgment dismissing plaintiffs’ Rule 10b-5 claim on the ground that it was time-barred under Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 111 S.Ct. 2773, 115 L.Ed.2d 321 (1991), which had held that the appropriate statute of limitations for Rule 10b-5 actions is the one and three year structure contained in the 1933 Act. See Lampf, 501 U.S. at 361, 111 S.Ct. at 2781. Defendants also moved to dismiss the remaining pendent state law claims for lack of subject matter jurisdiction. At that time, the Second Circuit Court of Appeals was about to render its second decision in Welch v. Cadre Capital, 946 F.2d 185 (2d Cir.1991), and determine whether Lampf would be applied retroactively to cases pending in this Circuit. The parties agreed to postpone consideration of defendants’ motion until such decision and so advised this Court by letter dated September 12, 1991. See Berkey Aff., Exhibit E. This action was moved to the suspense docket pending the Welch decision.

Welch II was decided in October, 1991, and it held that Lampf would have retroactive application in this Circuit. Welch, 946 F.2d at 187-88. The parties thereupon agreed to stipulate to a dismissal of plaintiffs’ action. This Court converted the stipulation into an order by signing the stipulation on January 10, 1992. See Berkey Aff., Exhibit I. The Stipulation and Order were filed on January 13, 1992.

Prior to the time the Stipulation and Order were prepared and presented to the Court for signature, Congress passed Section 27A of the Securities and Exchange Act of 1934, 15 U.S.C. § 78aa-1. This provision preserved actions filed under Rule 10b-5 commenced on or before June 19, 1991 (the date prior to the Lampf decision), by restoring the limitations periods of the various circuits, including any retroactivity principles, as they existed on that date. Plaintiffs allege, and defendants do not dispute, that at the time the stipulation dismissing this action was signed, the parties were under the mistaken belief that Lampf was still good law. The parties were all unaware that Congress, several weeks earlier, had passed Section 27A.

Defendants’ attorney admits that he discovered the existence of Section 27A in mid-January 1992, approximately one week after the Order and Stipulation were filed, but that he did not inform plaintiffs or the Court. See Hummel Reply Affirm, at ¶ 14, 16. Plaintiffs’ attorney, on the other hand, did not discover the mistake of the parties until November 1992, upon reading an article about Section 27A in the American Bar Association Journal. See Berkey Aff. at 6-7. Plaintiffs immediately moved, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, to vacate the January 1992 stipulation and to re-open the litigation.

On December 10, 1992, this Court placed the plaintiffs’ Rule 60(b) motion on its suspense docket until the Second Circuit had decided Axel Johnson Inc. v. Arthur Andersen & Co., 6 F.3d 78 (2nd Cir.1993), then pending before it; the Axel Johnson defendants had challenged the constitutionality of Section 27A. On September 27, 1993, the Second Court handed down its Axel Johnson decision, which upheld the constitutionality of Section 27A. This Court now considers plaintiffs’ motion.1

[214]*214DISCUSSION

A. Rule 60(b)(1)

Rule 60(b)(1) of the Federal Rules of Civil Procedure permits district courts to “relieve a party or a party’s legal representative from a final judgment, order, or proceeding for ... mistake, inadvertence, surprise, or excusable neglect.” It is within the court’s broad discretion to grant relief under Rule 60(b). See Nemaizer v. Baker, 793 F.2d 58, 61-62 (2nd Cir.1986); United States v. $16,162 In U.S. Currency, No. 90 Civ. 3061, 1994 WL 263419, at * 2 (S.D.N.Y. June 13, 1994). In exercising this discretion, courts should balance the policy in favor of serving the ends of justice against the policy in favor of finality. See Nemaizer, 793 F.2d at 61; 11 C. Wright & A. Miller, Federal Practice and Procedure § 2857 (1973 & Supp.1993).

Plaintiffs’ motion centers upon an undisputed mutual mistake, which is a specifically-enumerated ground for relief under Rule 60(b)(1). See In re Texlon Corp., 596 F.2d 1092, 1100 (2nd Cir.1979). Both plaintiffs and defendants agree that, at the time the stipulation dismissing this action was signed, none of the parties was aware that Congress had passed Section 27A of the Securities and Exchange Act. On the contrary, the parties were under the mutually mistaken belief that Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 111 S.Ct.

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Bluebook (online)
157 F.R.D. 212, 1994 U.S. Dist. LEXIS 14028, 1994 WL 541147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzone-v-stamler-nysd-1994.