Krause v. Buffalo and Erie County Workforce

426 F.Supp.2d 68

Maureen P. KRAUSE, Plaintiff, v. BUFFALO AND ERIE COUNTY WORKFORCE DEVELOPMENT CONSORTIUM, INC., Buffalo and Erie County Workforce Investment Board, Inc., Joel A. Giambra, County Executive of the County of Erie, State of New York, Carl J. Calabrese, Deputy County Executive of the County of Erie, State of New York, James Finamore, Executive Director of the Buffalo and Erie County Workforce Investment Board, Inc., Eugene F. Bagen, Director of Business Services for the Buffalo and Erie County Workforce Development Consortium, James F. Bratek, Director of Information Services & Technology for the Buffalo and Erie County Workforce Development Consortium, and Ronald J. Baia, Director of Greater Buffalo Works, Defendants.

No. 03-CV-0730A(F).

United States District Court, W.D. New York.

September 29, 2005.

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Margaret A. Murphy, Buffalo, New York, for Plaintiff.

Magavern, Magavern & Grimm, Cheryl Smith Fisher, of counsel, Buffalo, New York, for Defendants Buffalo and Erie County Workforce Development Consortium, Inc., Buffalo and Erie County Workforce Investment Board, Inc., James Finamore, Eugene F. Bagen, James F. Bratek, and Ronald J. Baia.

Frederick A. Wolf, Erie County Attorney, Kristin Klein Wheaton, Assistant Erie County Attorney, of counsel, Buffalo, New York, for Defendants Joel A. Giambra and Carl J. Calabrese.

DECISION and ORDER

FOSCHIO, United States Magistrate Judge.

REPORT and RECOMMENDATION JURISDICTION

This action was referred to the undersigned by Honorable Richard J. Arcara on February 3, 2004, for all pretrial matters including preparation of a report and recommendation on dispositive motions. The matter is presently before the court on a motion (Doc. No. 13) filed by Defendants Buffalo and Erie County Workforce Development Consortium, Inc., Buffalo and Erie County Workforce Investment Board, Inc., James Finamore, Eugene F. Bagen, James F. Bratek, and Ronald J. Baia on August 12, 2004 seeking to dismiss the Complaint, a motion (Doc. No. 20), filed by Defendants Joel A. Giambra and Carl J. Calabrese on August 17, 2004, to join in the motion to dismiss, on motions for summary judgment (Doc. Nos. 30 and 34), filed on March 22, 2005, respectively by Defendants Buffalo and Erie County Workforce Development Consortium, Inc., Buffalo and Erie County Workforce Investment Board, Inc., James Finamore, Eugene F. Bagen, James F. Bratek, and Ronald J. Baia, and by Defendants Joel A. Giambra and Carl J. Calabrese, and on motions to strike filed by the County Defendants on June 20, 2005 (Doc. No. 46), and by the Workforce Defendants on June 21, 2005 (Doc. No. 47).¹

BACKGROUND

Plaintiff, Maureen Krause ("Krause"), commenced this action on September 29, 2003, pursuant to 42 U.S.C. § 1983, alleging unlawful employment practice by Defendants. In particular, Krause claims that Defendants, in violation of the First and Fourteenth Amendments, discriminated against her based on Krause's political beliefs and associations when Krause was not hired for a position with the Greater Buffalo Works ("GBW") program, previously administered by the now defunct Buffalo and Erie County Private Industry Council ("PIC"). Defendants to this action include Buffalo and Erie County Workforce Development Consortium, Inc. ("WDC"), Buffalo and Erie County Workforce Investment Board, Inc. ("WIB"), WIB Executive Director James Finamore ("Finamore"), WDC Director of Business Services Eugene F. Bagen ("Bagen"), WDC Director of Information Services and Technology James F. Bratek ("Bratek"), and GBW Director Ronald J. Baia ("Baia") (collectively referred to as "Workforce Defendants"). Also sued as Defendants are Erie County Executive Joel A. Giambra ("Giambra"), Deputy Erie County Executive Carl J. Calabrese ("Calabrese")² (collectively referred to as "County Defendants").³ Answers were filed on January 26, 2004 by the County Defendants (Doc. No. 5) ("County Defendants' Answer"), and on January 29, 2004 by the Workforce Defendants (Doc. No. 6) ("Workforce Defendants' Answer"). Both the County Defendants and the Workforce Defendants asserted as affirmative defenses that Krause's claims are barred by the applicable statute of limitations. County Defendants' Answer ¶ 9; Workforce Defendants' Answer ¶¶ 41-45.

On August 12, 2004, the Workforce Defendants moved pursuant to Fed.R.Civ.P. 12(c) for judgment on the pleadings, arguing the Complaint was untimely filed. The motion is supported by the Workforce Defendant's Memorandum of Law (Doc. No. 15) ("Workforce Defendant's Memorandum Supporting Judgment on the Pleadings"), and the Amended Affidavit of WDC Director of Business Services Bagen (Doc. No. 18) ("Bagen Affidavit") with attached Exhibits A, B and C ("Bagen Affidavit Exhibit ____").⁴ On August 17, 2004, the County Defendants filed a motion to join in the Workforce Defendants' motion for judgment on the pleadings. The motion is supported by the attached Supporting Affidavit of Assistant Erie County Attorney Kristin Klein Wheaton ("Klein Wheaton Affidavit Supporting Joining Motion For Judgment on the Pleadings").

On September 30, 2004, Krause filed in opposition to the motion for judgment on the pleadings the Affidavit of Maureen P. Krause (Doc. No. 22) ("Krause Affidavit Opposing Judgment on the Pleadings"), and a Memorandum of Law in Opposition to Defendants' Motion to Dismiss (Doc. No. 23) ("Krause Opposition to Judgment on the Pleadings"). Reply memoranda of law in further support of judgment on the pleadings were filed on October 15, 2004 by the Workforce Defendants (Doc. No. 25) ("Workforce Defendants' Reply Supporting Judgment on the Pleadings"), and the County Defendants (Doc. No. 27) ("County Defendants' Reply Supporting Judgment on the Pleadings").

On March 22, 2005, Defendants filed motions for summary judgment. In particular, the Workforce Defendants moved for summary judgment as to the Workforce Defendants, filing in support a Statement of Facts (Doc. No. 31) ("Workforce Defendants' Facts Statement"), with attached exhibits A through H ("Workforce Defendants' Exh(s). ____"), and a Memorandum of Law in Support of Summary Judgment on Behalf of James Finamore, Buffalo and Erie County Private Industry Council, Inc., Workforce Development Consortium, Inc. and Workforce Development Board, Inc. (Doc. No. 32) ("Workforce Defendants' Memorandum Supporting Summary Judgment"). The County Defendants moved for summary judgment as to the County Defendants, filing in support a Statement of Facts (Doc. No. 35) ("County Defendants' Facts Statement"), an Appendix to County Defendants' Statement of Facts (Doc. No. 36), containing County Defendants' Exhibits A through C ("County Defendants' Exh. ____"), and a Memorandum of Law in Support of Motion for Summary Judgment on Behalf of Joel A. Giambra and Carl J. Calabrese (Doc. No. 37) ("County Defendants' Memorandum Supporting Summary Judgment").

On May 27, 2005, Krause filed in opposition to summary judgment a Statement of Material Facts that Raises Genuine Issues and Precludes Summary Judgment (Doc. No. 40) ("Plaintiffs Facts Statement"), the Affidavit of Maureen P. Krause (Doc. No. 41) ("Krause Affidavit Opposing Summary Judgment"), the Affidavit of Brian P. McDermott (Doc. No. 42) ("McDermott Affidavit"), the Affirmation of Margaret A. Murphy, Esq. (Doc. No. 43) ("Murphy Affirmation Opposing Summary Judgment"), and a volume of exhibits entitled Plaintiffs Appendix to Local Rule 56.1 Statement of Facts Submitted on Behalf of Maureen P. Krause (Doc. No. 44), containing Plaintiffs Exhibits A through KK ("Plaintiffs Exh(s). ____").

On June 20, 2005, the County Defendants moved pursuant to Fed.R.Civ.P. 37(c) and (d) to strike the McDermott Affidavit and Plaintiffs Exhs. F through JJ, as well as any references to such documents within Plaintiffs Facts Statement and the Krause Affidavit Opposing Summary Judgment. The motion is supported by the attached Affidavit of Assistant Erie County Attorney Kristin Klein Wheaton ("Klein Wheaton Affidavit Supporting Motion to Strike"), and exhibits A through D ("County Defendants' Motion to Strike Exh. ____"). On June 21, 2005, the Workforce Defendants moved pursuant to Fed. R.Civ.P. 37(c) and (d) to strike the McDermott Affidavit and Plaintiffs Exhs. F through JJ, as well as any references to such documents within Plaintiffs Facts Statement and the Krause Affidavit Opposing Summary Judgment. The motion is supported by the Affidavit of Cheryl Smith Fisher, Esq. ("Smith Fisher Affidavit"), attached to the notice of motion (Doc. No. 47).

On June 23, 2005, the County Defendants filed the Reply Affidavit of Assistant Erie County Attorney Kristin Klein Wheaton in Further Support of Summary Judgment Motion (Doc. No. 48) ("Klein Wheaton Reply Affidavit"). The Workforce Defendants filed on June 23, 2005, the Reply Affidavit of Cheryl Smith Fisher, Esq., in Further Support of Motion for Summary Judgment (Doc. No. 49) ("Smith Fisher Reply Affidavit"), and the Reply Affidavit of WDC Administrative Director Ronald J. Baia in Further Support of Motion for Summary Judgment (Doc. No. 50) ("Baia Reply Affidavit").

On July 22, 2005, Plaintiff, in opposition to Defendants' motions to strike, filed the Affirmation of Margaret A. Murphy, Esq. (Doc. No. 54) ("Murphy Affirmation Opposing Defendants' Motions to Strike"),⁵ attached to which are Exhibits A and B ("Murphy Affirmation Opposing Motion to Strike Exh(s). ____"), the Affidavit of Maureen P. Krause (Doc. No. 55) ("Krause Affidavit Opposing Defendants' Motions to Strike"), and the Affidavit of Brian P. McDermott (Doc. No. 56) ("McDermott Affidavit Opposing Defendants' Motions to Strike"). On July 26, 2005, the County Defendants filed the Reply Declaration of Assistant Erie County Attorney Kristin Klein Wheaton in Further Support of Defendants' Motion to Strike (Doc. No. 60) ("Klein Wheaton Reply Declaration Supporting Motion to...