Woodford v. Community Action Agency of Greene County, Inc.

239 F.3d 517, 2001 WL 128231
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 16, 2001
DocketNos. 00-7267(L), 00-7277(C)
StatusPublished
Cited by21 cases

This text of 239 F.3d 517 (Woodford v. Community Action Agency of Greene County, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodford v. Community Action Agency of Greene County, Inc., 239 F.3d 517, 2001 WL 128231 (2d Cir. 2001).

Opinion

KEARSE, Circuit Judge:

In these consolidated appeals, plaintiffs Iva Woodford and Adrienne Gatti appeal from judgments of the United States District Court for the Northern District of New York, Lawrence E. Kahn, Judge, dismissing their respective complaints against defendants Community Action Agency of Greene County, Inc. (“CAA”), and Edward J. Daly, its executive director, for' employment discrimination. The district court dismissed each complaint pursuant to Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976) (“Colorado River”), on the ground that each plaintiff had commenced a state-court action arising from the same nexus of facts as those alleged in her federal action. On appeal, each plaintiff contends that the district court abused its discretion in abstaining from adjudicating her claims, arguing that her federal and state claims are not identical, that not all of the remedies available for her federal claims are available for her state-court claims, and that the threat of duplicative litigation is illusory. For the reasons that follow, we agree, and we vacate and remand for adjudication of the present actions.

I. BACKGROUND

According to the complaints filed by Woodford and Gatti in the present actions, CAA operated Day Care and Head Start programs in Greene County, New York. Woodford was employed by CAA for more than 12 years, most recently serving as director of its Head Start program. Throughout Woodford’s employment, Daly was one of her supervisors. In 1996, Daly [520]*520became executive director of CAA. Wood-ford alleged, inter alia, that he thereafter made “unwelcome comments, requests and behavioral displays of a sexual nature and made unwelcome physical contact with [her] of a sexual nature.” (Woodford Complaint ¶ 11.) Woodford filed grievances complaining of Daly’s sexual harassment; in retaliation, she was denied salary increases that she would otherwise have received.

Gatti was employed by CAA for more than 20 years. Her most recent positions were director of the Day Care program and administrative coordinator of the Head Start program. She too was supervised by Daly. Gatti alleged that, although her performance evaluations were exemplary, after Daly became executive director of CAA in 1996 he repeatedly commented, inter alia, that she “was an old woman and that it was time for [her] to go.” (Gatti Complaint ¶ 11.) After Gatti filed internal grievances complaining of his comments, Daly retaliated by harassing her, denying her privileges granted to younger employees, and, eventually, terminating her employment.

A. The Lawsuits

In May 1997, Gatti, three other female employees of CAA, and their respective spouses, commenced an action against CAA and Daly in New York Supreme Court for Greene County. Gatti alleged state-law claims of age discrimination and intentional infliction of emotional distress. In July 1997, Woodford commenced an action against CAA and Daly in the same state court, asserting state-law claims of assault, battery, intentional infliction of emotional distress, and refusal to compensate. She alleged, inter alia, that Daly had suspended her employment based on her gender and in violation of federal regulations, and she requested an injunction requiring CAA to reinstate her and requiring Daly to end his allegedly sexually harassing behavior.

In addition, after pursuing remedies before administrative agencies and receiving right-to-sue letters in July 1998, Woodford and Gatti commenced their present actions in the district court in October 1998. Woodford’s complaint alleged that Daly’s conduct violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Civil Rights Act of 1991 (1994 & Supp. IV 1998) (“Title VII”), and the New York State Human Rights Law, N.Y. Exec. Law § 296 (McKinney 1993) (“HRL”). Gatti’s complaint alleged that Daly’s conduct violated her rights under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (1994 & Supp. IV 1998) (“ADEA”), and the HRL.

Defendants moved to dismiss both complaints pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim on which relief can be granted. They moved in the alternative for dismissal pursuant to Fed. R.Civ.P. 12(b)(1) on the ground that the court should abstain from adjudicating the present actions because they raised claims nearly identical to those asserted in plaintiffs’ respective state-court actions.

In opposition to the abstention motions, the attorney for Woodford and Gatti submitted affirmations stating, inter alia, that each plaintiff would be willing to stay or withdraw her overlapping state-court claims in order to avoid duplicative efforts:

My client has authorized me, and I am more than willing, to stay or even withdraw the state-law claims of discrimination currently pending in the State Court action pending resolution in this Court of Plaintiffs [federal] claims....

(Affirmations of Patricia Schneider, dated February 22, 1999 (“Schneider Affs.”), ¶ 9.) In their memoranda of law, plaintiffs added that “[o]f course, the ultimate disposition of this matter will be res judicata with respect to such claims. In this way, both parties avoid any piecemeal litigation or duplication of effort.” (Woodford Memorandum of Law in Opposition to Defendants’ Motion To Dismiss at 14; Gatti Memorandum of Law in Opposition to Defendants’ Motion To Dismiss at 10-11.)

[521]*521B. The District Court’s Abstention Decision

The district court did not address defendants’ motions to dismiss the complaints for failure to state a claim but decided that abstention was appropriate. In memorandum-decisions filed on February 7, 2000 (“Woodford Opinion” and “Gatti Opinion”), the court noted that the Supreme Court in Colorado River and its progeny “have established six factors for a federal court to consider in determining whether or not to exercise its jurisdiction” when there is a concurrent action in a state court. Wood-ford Opinion at 3; Gatti Opinion at 3. The court found that the first two factors — ie., either court’s assumption of jurisdiction over a res and the relative inconvenience of the federal forum — had little or no relevance; and it found that only the fifth Colorado River factor — the presence of questions of federal law — weighed in favor of retaining jurisdiction. The court found that the three remaining factors — to wit, the desirability of avoiding piecemeal litigation, the relative degrees to which the federal and state actions had progressed, and the availability of full protection for plaintiffs’ federal rights in the state-court litigation — weighed in favor of abstention:

The third [Colorado

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Bluebook (online)
239 F.3d 517, 2001 WL 128231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodford-v-community-action-agency-of-greene-county-inc-ca2-2001.