U.S. District Court, Western District of N.Y. Case Summaries: August

Daily Record (Rochester, NY), Aug 4, 2008

U.S. District Court, Western District of N.Y.

Education Law

Basis of Claim

J.S. v. Attica Central Schools

00-CV-513

Judge Foschio

Background: In this class action alleging "systemic" violations of federal and state special education laws and regulations, defendant moves to compel answers to defendant's interrogatories and document demands. The certified class includes students who have been determined by defendant to be in need of special education programs as well as student who plaintiffs maintain should have been so designated. The defendant alleges that the plaintiffs' answers to the interrogatories and demands are nonresponsive, incomplete or evasive.

Ruling: The court finds that the plaintiffs' reliance upon its exhibits is inadequate to inform the defendant of the basis of plaintiffs' alleged violations. The defendant's motion is granted and the plaintiffs are directed to serve an answer to the defendant's interrogatories within twenty days.

Bruce A. Goldstein, of Goldstein, Ackerhalt & Pletcher, LLP, for the plaintiffs and David W. Oakes, of Harris Beach PLLC, for the defendant

Labor Law

Subpoena

National Labor Relations Board v. Towne Gardens, LLC

07-MC-75

Judge Skretny

Background: Before the court is the petitioner's motion to enforce subpoenas it issued in the course of its investigation into the labor practices of Respondent Towne Gardens, LLC. Towne Gardens purchased an apartment complex in a HUD foreclosure action in January 2007. Following the purchase, a company called Harmony Security and Maintenance hired employees of the defaulted company as independent contractors. The respondent received a letter from the union that represented the Harmony employees when they worked for the defaulting company, alleging that Towne Gardens was the legal successor of the defaulting company's contractual relationship with the Union. On Aug. 6, 2007, the union filed an unfair labor practices charge with the board alleging that the respondent fired certain employees because of their involvement with the union and failed to recognize the union as a collective bargaining representative. The board issued subpoenas to determine joint employer status, successorship status, and the employment of the individuals working for the companies. Multiple parties failed to respond to the subpoena, and the Board now seeks an order from the court compelling their compliance.

Ruling: The board's motion for an order requiring obedience to the subpoena is granted. Towne Gardens has failed to demonstrate that the subpoenas were issued in bad faith, are overly broad, are unduly burdensome, or are otherwise unreasonable.

Lillian Kleingardner, of the National Labor Relations Board, for the petitioner and Alexander Tovitz, of Jasinski and Williams, PC, for the respondent