Agola v. Hagner

• Decision Date: 15 June 1987
• Docket Number: No. CV 82-0013.,CV 82-0013.
• Citation: 678 F. Supp. 988
• Parties: Jane AGOLA, et al., Plaintiffs, v. William L. HAGNER, individually and as President of Local 803, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 803, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants.
• Court: U.S. District Court — Eastern District of New York

678 F. Supp. 988

Jane AGOLA, et al., Plaintiffs, v. William L. HAGNER, individually and as President of Local 803, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 803, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants.

No. CV 82-0013.

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

June 15, 1987.

Clifton & Schwartz, New York City, for plaintiffs.

Cohen, Weiss & Simon, New York City, for defendants William Hagner and Local 803.

Gary S. Witlen, Washington, D.C., for defendant Intern. Broth. of Teamsters.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Plaintiffs bring this motion under Fed.R. Civ.P. 59 for a new trial and for amendment of judgment so as to award attorneys fees and costs pursuant to Fed.R.Civ.P. 68. Plaintiffs seek reconsideration of the court's determinations made in a Memorandum of Decision and Order dated August 19, 1986,¹ which found that plaintiffs were not members of union Local 803 of the International Brotherhood of Teamsters ("Local 803" or "Local") and that plaintiffs failed to comply with pre-conditions required by the union for the receipt of strike benefits. Plaintiffs also seek costs for the defense of defendants' counterclaims based on an offer of judgment which plaintiffs made and defendants rejected before the counterclaims were dismissed by this court.

Plaintiffs, a group of seventy-eight (78) registered nurses of the Brunswick Hospital Center ("Brunswick"), had brought suit against the International Brotherhood of Teamsters ("IBT"), Local 803 and William Hagner, President of Local 803 ("Hagner"), claiming, inter alia, that defendants had wrongfully abandoned them and expelled them from the union during a strike, and had improperly withheld strike benefits. Defendants asserted counterclaims based on alleged unauthorized solicitation of funds by the nurses in the name of Local 803 and their unauthorized use of the Local 803 logo.

In a Memorandum of Decision and Order dated August 19, 1986, we dismissed plaintiffs' complaint and defendants' counterclaims after a five day non-jury trial. The facts of the case were set out at great length and need not be repeated here, as familiarity is assumed.

Plaintiffs seek a new trial on the grounds that the court erred in concluding that they had failed to meet all the requirements for membership in the union and that they had failed to fulfill the necessary terms and conditions precedent to receiving strike benefits. Defendants oppose the motion for a new trial on the grounds that the motion under Rule 59 Fed.R.Civ.P. (a) is untimely and (b) fails to set forth errors of law or fact, or newly discovered evidence that the court has not considered.

Timeliness of Plaintiffs' Motion for New Trial

Rule 59(b) of the Fed.R.Civ.P. provides that "a motion for a new trial shall be served not later than 10 days after entry of the judgment." Judgment was entered in this action on August 22, 1986 and plaintiffs' motion was filed and served on September 18, 1986. Even excluding weekends and holidays in computing the time for filing the motion, as provided in Rule 6(a) Fed.R.Civ.P., it is clear that plaintiffs exceeded the time limit. See Bailey v. Sharp, 782 F.2d 1366, 1367-68 (7th Cir. 1986). Rule 6(b) Fed.R.Civ.P. states that a court "may not extend the time for taking any action under Rules ... 59(b), (d) and (e), except to the extent and under the conditions stated in them." Rule 59 makes no provision for extensions of time for filing a motion. It seems clear that the time limit provision in Rule 6(b) is "mandatory and jurisdictional" and cannot be enlarged or circumvented at the discretion of the district court. See United States v. Robinson, 361 U.S. 220, 228-29, 80 S.Ct. 282, 288, 4 L.Ed.2d 259 (1960); Marane, Inc. v. McDonald's Corp., 755 F.2d 106, 111 (7th Cir.1985); Glass v. Seaboard Coast Line Railroad Co., 714 F.2d 1107, 1109 (11th Cir.1983); de la Fuente v. Central Electric Cooperative, Inc., 703 F.2d 63, 65 (3d Cir. 1983); Tarlton v. Exxon, 688 F.2d 973, 977 (5th Cir.1982) cert. denied, 463 U.S. 1206, 103 S.Ct. 3536, 77 L.Ed.2d 1387 (1983); Lapiczak v. Zaist, 451 F.2d 79, 80 (2d Cir. 1971) (court's order for a new trial on its own initiative untimely where not within the 10-day limit).

Plaintiffs contend, however, that the delayed filing of their motion was in reliance on the court's grant of an extension of the time for filing all post-trial motions. Plaintiffs point to their letter to the court dated September 3, 1986 which requested

"an extension to file a motion for a new trial and a motion to amend judgment (so as to award costs and attorney's fees under Rule 58 of the Federal Rules of Civil Procedure) through September 18, 1986."

The court granted the "request to extend the time for filing all motions to September 18."

Although the court neither intended nor expressly provided for an extension of the 10 day time limit specifically for a motion under Rule 59, it is understandable that plaintiffs may have misinterpreted the court's response and relied on it to their detriment. In similar situations, an "equitable exception" has been recognized by some courts, allowing a motion for a new trial to be heard where there are "unique circumstances" created when a plaintiff relied on the district court's permission, albeit erroneous, to file within an extended time period. See Eady v. Foerder, 381 F.2d 980, 981 (7th Cir.1967); cf. Bailey v. Sharp, 782 F.2d 1366, 1368 (7th Cir.1986) (The court construed Eady narrowly and declined to apply "unique circumstances" exception where attorney clearly knew of the 10-day time limit of Rule 59); see also, Cohen v. Tenney Corp., 318 F.Supp. 280, 283 (S.D.N.Y.1970) (Motion under Rule 59 was not untimely where court specifically permitted enlargement of 10 day period and movant complied); 4 C. Wright & A. Miller, Federal Practice & Procedure § 1168 (1969).²

Alternatively, plaintiffs argue that their letter of September 3, 1986 should operate as a motion under Rule 59 since it was served within the time limit specified by Rules 59(b) and 6(b). Whether under the theory of the unique circumstances exception or on the basis of plaintiffs' letter construed as a motion, we find plaintiffs' motion for a new trial timely and turn now to the merits of the motion.³

Grounds for Motion for New Trial

Defendants argue that plaintiffs fail to satisfy the grounds for a new trial under Rule 59(a)(2). Three grounds have been recognized in non-jury cases as a basis for granting a new trial: 1) manifest errors of law, 2) manifest errors of fact and 3) newly discovered evidence. Brown v. Wright, 588 F.2d 708, 709 (9th Cir.1978); St. Clair v. Pipal, 611 F.Supp. 911, 915 (E.D.Wis. 1985); Johnson v. Heckler, 607 F.Supp. 875, 877 (N.D.Ill.1984); Consolidated Data Terminals v. Applied Digital Data Systems, Inc., 512 F.Supp. 581, 588 (N.D.Cal. 1981), modified on other grounds, 708 F.2d 385 (9th Cir.1983). Plaintiffs concede that they base their motion not on a misinterpretation of the law or newly discovered evidence, but only on their assertion that "critical findings by the court lack factual support." (Plaintiffs' Reply Memorandum of Law at 4.) Yet, plaintiffs fail to point to any facts that the court has overlooked or misconstrued. Indeed, in reaching its conclusions, the court carefully considered the very facts the plaintiffs refer to. Plaintiffs simply argue that the facts ought to lead the court to a different conclusion "to avoid a miscarriage of justice." (Id. at 5). A motion under Rule 59 is not intended merely to relitigate old matters already considered or give a disappointed litigant another chance. Illinois Central Gulf Railroad Co. v. Tabor Grain Co., 488 F.Supp. 110, 122 (N.D.Ill.1980). Plaintiffs here are seeking reconsideration of the cumulative evidence and theories already considered by the court, and present no controlling law or facts that would compel the court to change the outcome of the action. See Ionian Shipping Co. v. Tyson Shipping Co., 49 F.R.D. 334, 337 (S.D.N.Y.1969).

Plaintiffs' Union Membership Status

Plaintiffs argue that they met all the requirements for membership in Local 803 to the extent such requirements were not waived. They concede that no initiation fees or membership dues were paid, but argue that such were waived by the Local during the union organizing campaign. They point to a letter from the union captioned "Dear Member", as well as to plaintiffs' receipt of union "membership" cards and the Teamsters magazine, and to the strike itself as evidence that the union local recognized and treated the plaintiffs as "members." They argue that Local 803 and the IBT ratified the treatment that local union officials accorded to plaintiffs, and thus should be estopped from disclaiming membership status now.

Each of these contentions was addressed and rejected by the court in our prior decision of August 19, 1986. We found that although the plaintiffs became members of the bargaining unit,⁴ they did not become members of the union because they failed to apply for membership or pay initiation fees or dues as required by Local 803's bylaws.⁵

We also found that none of the plaintiffs were employed within the jurisdiction of Local 803. The "employee" status of some of the plaintiffs is not entirely clear. A number of the plaintiffs formally resigned from the Brunswick Hospital Center or secured alternate regular employment and thus cannot be considered "employees" under the National Labor Relations Act ("N.L.R.A."). 29 U.S.C. §§ 151 et seq. Section 152(3) of the N.L.R.A. defines "employee" as

any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular

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