Donohue v. Madison

DANNY DONOHUE, as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO; CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO; WILLIAM COLEMAN, individually and on behalf of all others similarly situated; WILLIAM MILLER, individually and on behalf of all others similarly situated; JOHN METZGIER, individually and on behalf of all others similarly situated; and JACK WIEDEMAN, individually and on behalf of all others similarly situated, Plaintiffs, v. THOMAS J. MADISON, JR., in his official capacity as Executive Director of the New York State Thruway Authority and the New York State Canal Corporation; CARLOS MILLAN, in his official capacity as Director of Employee Relations and Employee Safety, New York State Thruway Authority and New York State Canal Corporation; BRIAN U.STRATTON, in his official capacity as Director of the New York State Canal Corporation; HOWARD P. MILSTEIN, in his official capacity as Chairman of New York State Thruway/Canal Corporation Board of Directors; E. VIRGIL CONWAY, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; NEW YORK STATE THRUWAY AUTHORITY; NEW YORK STATE CANAL CORPORATION; DONNA J. LUH, in her official capacity as Vice-Chairman of New York State Thruway/Canal Corporation Board of Directors; RICHARD N. SIMBERG, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; BRANDON R. SALL, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; J. DONALD RICE, JR., in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; and JOSE HOLGUIN-VERAS, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors, Defendants.

DANNY DONOHUE, as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO; CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO; JOHN DELLIO, individually and on behalf of all others similarly situated; MICHAEL BOULERIS, individually and on behalf of all others similarly situated; MAUREEN ALONZO, individually and on behalf of all others similarly situated; and MARCOS DIAMANTATOS, individually and on behalf of all others similarly situated, Plaintiffs, v. THOMAS J. MADISON, JR., individually and in his official capacity as Executive Director of the New York State Thruway Authority and the New York State Canal Corporation; CARLOS MILLAN, in his official capacity as Director of Employee Relations and Employee Safety, New York State Thruway Authority and New York State Canal Corporation; HOWARD P. MILSTEIN, individually and in his official capacity as Chairman of New York State Thruway/Canal Corporation Board of Directors; E. VIRGIL CONWAY, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; NEW YORK STATE THRUWAY AUTHORITY; DONNA J. LUH, in her official capacity as Vice-Chairman of New York State Thruway/ Canal Corporation Board of Directors; RICHARD N. SIMBERG, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; BRANDON R. SALL, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; J. DONALD RICE, JR., in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors; and JOSE HOLGUIN-VERAS, in his official capacity as Board Member of the New York State Thruway/Canal Corporation Board of Directors, Defendants.

NEW YORK STATE THRUWAY EMPLOYEES LOCAL 72; JOSEPH E. COLOMBO; GEORGE E. SAVOIE; and DAVID M. MAZZEO, individually and on behalf of all others similarly situated, Plaintiffs, v. NEW YORK STATE THRUWAY AUTHORITY; HOWARD P. MILSTEIN, individually and in his official capacity as Chairman of the New York State Thruway Authority; THOMAS J. MADISON, JR., individually and in his official capacity as Executive Director of the New York State Thruway Authority; THOMAS RYAN, in his official capacity; E. VIRGIL CONWAY, in his official capacity as Board Member of the New York State Thruway Authority; JOHN F. BARR, in his official capacity as Director of Administrative Services of the New York State Thruway Authority; JOHN M. BRYAN, in his official capacity as Chief Financial Officer and Treasurer of the New York State Thruway Authority; DONNA J. LUH, in her official capacity as Vice-Chair of the New York State Thruway Authority Board of Directors; J. DONALD RICE, JR., in his official capacity as Board Member of the New York State Thruway Authority; BRANDON R. SALL, in his official capacity as Board Member of the New York State Thruway Authority; RICHARD N. SIMBERG, in his official capacity as Board Member of the New York State Thruway Authority; and JOSE HOLGUIN-VERAS, in his official capacity as Board Member of the New York State Thruway Authority, Defendants.

Nos. 1:13-CV-918 (FJS/CFH), 1:13-CV-920 (FJS/CFH), 1:14-CV-1043 (FJS/CFH)

United States District Court, N.D. New York

February 16, 2022

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. AARON E. KAPLAN, ESQ. JENNIFER C. ZEGARELLI, ESQ. Attorneys for Plaintiffs Danny Donohue, Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, William Coleman, William Miller, John Metzgier, Jack Wiedeman, John Dellio, Michael Bouleris Maureen Alonzo, and Marcos Diamantatos

LIVINGSTON ADLER PULDA MEIKLEJOHN & KELLY NICOLE M ROTHGEB, ESQ. GREGG D. ADLER, ESQ. Attorneys for Plaintiffs Danny Donohue, Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO, William Coleman, William Miller, John Metzgier, Jack Wiedeman, New York State Thruway Employees Local 72, Joseph E. Colombo, George E. Savoie, and David M. Mazzeo

WHITEMAN, OSTERMAN & HANNA LLP BETH A. BOURASSA, ESQ. CHRISTOPHER W. MEYER, ESQ. MONICA R. LENAHAN, ESQ. NORMA G. MEACHAM, ESQ. ALAN JAY GOLDBERG, ESQ. WILLIAM S. NOLAN, ESQ. Attorneys for Defendants Carlos Millan, Brian U.Stratton, E. Virgil Conway, Richard N. Simberg, New York State Thruway Authority, New York State Canal Corporation, Donna J. Luh, Brandon R. Sall, J. Donald Rice, Jr., Jose Holguin-Veras, Howard P. Milstein, Thomas J. Madison, Jr., Thomas Ryan, and John F. Barr

CAPEZZA HILL, LLP BENJAMIN W. HILL, ESQ. Attorneys for Defendant Thomas J. Madison, Jr.

DREYER BOYAJIAN LLP WILLIAM J. DREYER, ESQ. Attorneys for Defendant Thomas J. Madison, Jr.

E. STEWART JONES HACKER MURPHY, LLP E. STEWART JONES, JR., ESQ. THOMAS J. HIGGS, ESQ. Attorneys for Defendant John M. Bryan

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MEMORANDUM-DECISION AND ORDER

Frederick J. Scullin, Jr. Senior United States District Judge

I. BACKGROUND

Plaintiffs are union-represented employees who contend that their employers, Defendants New York State Thruway Authority ("Defendant Thruway") and New York State Canal Corporation ("Defendant Canal Corporation," and collectively referred to with Defendant Thruway as "Defendants"), terminated or otherwise adversely impacted their positions as part of a reduction in force ("RTF") that targeted employees for their association with those unions. See generally Dkt. No. 1, Class Compl., at fflf 5-37, 48-54.^[1] In addition to the individual employees, Plaintiffs include the two collective bargaining units to which those employees belong - Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO ("CSEA") and New

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York State Thruway Employees Local 72 ("Teamsters"). See generally id; Dkt. No. 1 (13-CV-920); Dkt. No. 2 (14-CV-1043). After many years of litigation, the only remaining causes of action in these cases are Plaintiffs' First Amendment targeting claims.^[2] See Dkt. Nos. 142, 159, 180, 194.

Pending before the Court is Plaintiffs' corrected, renewed, and amended joint motion for class certification.^[3] See Dkt. No. 165. The Court has already considered the parties' initial submissions in support of and in opposition to certifying three classes of Plaintiffs, i.e., the "Teamsters Local 72 Class," the "CSEA [Thruway] Authority Class," and the "CSEA Canal Corporation Class." See Dkt. No. 165-2, Pis' Memorandum in Support of Corrected Mot., at 10-11. Each of those proposed classes included individuals who (a) worked for either Defendant Thruway or Defendant Canal Corporation; (b) were members of either Teamsters or CSEA unions; (c) were "adversely affected" by the RTF; and (d) were in one of the following subclasses of Plaintiffs:

(1) those whose employment was terminated (hereinafter referred to as "Direct Plaintiffs"); or

(2) those who were bumped, demoted or transferred to different positions or work locations, or who were forced into retirement (hereinafter referred to as "Indirect Plaintiffs").

See id.

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After reviewing the parties' submissions, the Court requested additional information regarding the following eight issues (1) quantifying the number of Direct Plaintiffs; (2) quantifying the number of Indirect Plaintiffs; (3) whether current class counsel could adequately represent both Direct and Indirect Plaintiffs; (4) recommendations for potential class counsel for Direct and Indirect Plaintiffs; (5) recommendations for class representatives for Direct and Indirect Plaintiffs; (6) proposed definitions for Direct and Indirect Plaintiffs' subclasses; (7) further explanation as to how Indirect Plaintiffs would demonstrate that Defendants collectively targeted them based on their union membership; and (8) how the common issues among Indirect Plaintiffs predominate over individualized issues. See Dkt. No. 191 at 5-6. The parties have filed supplemental memoranda answering these questions. See Dkt. Nos. 195, 197. The Court must now determine whether Plaintiffs have satisfied Rule 23's requirements to warrant class...