215 F. Supp. 3d 213
W.D.N.Y.2016Background
- Plaintiffs Briggs as co-administrators of Richard Briggs’s estate sue Monroe County, Sheriff’s Office, Sheriff O’Flynn, and deputies over a March 30, 2008 suicide following a police standoff.
- Initial defendants included Town of Ogden and Ogden Police Department which were dismissed by stipulation.
- Case referred to Magistrate Judge Payson for pretrial matters under 28 U.S.C. § 636.
- April 17, 2015 motion to amend sought to remove Deputies Shannon and Mackenzie and add four new Sheriff’s Office personnel as defendants.
- Defendants argued new claims were time-barred and not relievable by relation back; expert report timing cited.
- Magistrate Judge Payson recommended granting amendment to dismiss Shannon and Mackenzie but denying adding the four new defendants; Judge adopted those findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendment relates back under Rule 15(c)(1)(C) to add new defendants | Krupski standard argues focus on notice to new defendants | No mistake; new defendants not named due to time/bar and relation back not satisfied | No mistake; relation back not satisfied; amendment to add new defendants denied. |
| Whether dismissal of Deputies Shannon and Mackenzie was proper | Oppose dismissal of those two deputies | Amendment to remove Shannon and Mackenzie appropriate | Dismissal of Shannon and Mackenzie granted. |
| Whether state-law relation back under NY CPLR 203 applies | Relates back under state law analogous to Rule 15(c) | No applicable mistake under NY law | Relation back not established under NY law; not permitted. |
Key Cases Cited
- Krupski v. Costa Crociere S.p.A., 560 U.S. 538 (2010) (focus on notice to defendants under Rule 15(c)(1)(C))
- HCC, Inc. v. R H & M Mach. Co., 39 F. Supp. 2d 317 (S.D.N.Y. 1999) (de novo review for dispositive futility rulings on leave to amend)
- Mario v. P & C Food Mkts., Inc., 313 F.3d 758 (2d Cir. 2002) (obligations regarding objections to magistrate findings; standards for review)
- Barrow v. Wethersfield Police Dep’t, 66 F.3d 466 (2d Cir. 1995) (relation-back limits for substitutions vs. additions)