Carver et al v. Nassau County Interim Finance Authority et al

Filing 103

MEMORANDUM AND ORDER; In accordance with the decision of the Second Circuit, this court directs Plaintiffs to inform this court, within one week of the date of this order, whether they intend to pursue their state law claim in a state forum, or aband on that claim and pursue only this federal action. In theevent that Plaintiffs elect to proceed with the statutory construction claim in state court, this court will exercise the discretion to stay this action, along with the related actions that are presently pending before this court. (Ordered by Judge Leonard D. Wexler on 9/25/2013.) (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JAMES CARVER, as President of the Nassau
County Police Benevolent Association,
GARY LEARNED, as President ofthe Superior
Officers Association of Nassau County, and
THOMAS R. WILLDIGG, as President of the
Nassau County Police Detectives' Association,
Inc.,
MEMORANDUM AND ORDER

cv 11-1614

Plaintiffs,
-against-

(Wexler, J.)

NASSAU COUNTY INTERIM FINANCE
AUTHORITY, RONALD A. STACK,
LEONARD D. STEINMAN, ROBERT A.
WILD, CHRISTOPHER P. WRIGHT,
GEORGE J. MARLIN, THOMAS W.
STOKES, in their official capacities as
directors/members of the Nassau County
Interim Finance Authority, EDWARD
MANGANO, in his official capacity as
COUNTY EXECUTIVE OF NASSAU
COUNTY, COUNTY OF NASSAU, and
GEORGE MARAGOS, in his official capacity
as NASSAU COUNTY COMPTROLLER,

FILED

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IN CRL~cR-fJoecf:~l_o.NY
u.S.DIS1
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*

LONG iSLAND OFFiCE

Defendants.

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APPEARANCES:
STROOCK & STROOCK & LAVAN LLP
BY: ALAN A. KLINGER, ESQ.
180 Maiden Lane
New York, New York 10038
GREENBERG BURZlCHELLl GREENBERG P.C.
BY: HARRY GREENBERG, ESQ.
3000 Marcus Avenue, Suite 1W7

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Lake Success, New York 11042
Attorneys for Plaintiffs
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
BY: CHRISTOPHER GUNTHER, ESQ.
Four Times Square
New York, New York 10036-6522
Attorneys for Defendants
Nassau County Interim Finance Authority and
Individual Directors/Members
JACKSON LEWIS LLP
BY: MARK L. SUSSMAN, ESQ.
58 South Service Road, Suite 410
Melville, New York 11747
Attorneys for Defendants County of Nassau
Edward Mangano and George Maragos
WEXLER, District Judge
In this action Plaintiffs, officers representing three Nassau County Police Officers and
Detectives Unions (collectively the "Unions") challenge the imposition of a wage freeze imposed
by Defendant Nassau County Interim Finance Authority ("NIF A" or the "Authority"). Plaintiffs
claim that the wage freeze violates the Contracts Clause of Article 1 of the United States
Constitution and was imposed in violation of the express terms of Section 3669 ofthe New York
Public Authorities Law - the statute that authorizes imposition of a wage freeze under certain
circumstances.
In a Memorandum and Opinion dated February 14,2013, this court held that the wage
freeze was not authorized by the relevant legislation, and granted Plaintiffs' motions for
summary judgment as to that issue. The Constitutional issue was not decided. Cazyer v. Nassau
County Interim Finance Authority, 923 F.Supp.2d 423 (E.D.N.Y. 2013).
On appeal, the Second Circuit vacated and remanded the matter to this court. Carver v.

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Nassau County Interim Finance Authority, No. 13-0801, 13-840 (September 20, 2013). The
appellate court held that this court should not have exercised jurisdiction to decide the issue of
statutory interpretation which raised "an unresolved issue of state law- the interpretation of a
poorly drawn statute." The Second Circuit remanded the case with instructions to dismiss the
state law claim, but retain jurisdiction over the federal constitutional claim. That court further
noted that if Plaintiffs decide to pursue their statutory claim in the appropriate state forum, this
court should consider exercising its discretion to stay this federal action pending completion of
the state court proceedings.
In accordance with the decision of the Second Circuit, this court directs Plaintiffs to
inform this court, within one week of the date of this order, whether they intend to pursue their
state law claim in a state forum, or abandon that claim and pursue only this federal action. In the
event that Plaintiffs elect to proceed with the statutory construction claim in state court, this court
will exercise the discretion to stay this action, along with the related actions that are presently
pending before this court.
SO ORDERED.

~ (/-/. '1./~
LEONARD D. WEXLER
'
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
September 25, 2013

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