Opinion
CV 11-1900 CV 13-1331 CV 13-3898 CV 11-2743 CV 13-1091 CV 13-4097
10-07-2013
JERRY LARICCHIUTA, as Local President of the CSEA Nassau County Local 830; and Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, DANNY DONOHUE as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Plaintiffs, v. NASSAU COUNTY INTERIM FINANCE AUTHORITY, et al., Defendants. JOHN JARONCZYK, as President of the Nassau County Sheriff's Correction Officers Benevolent Association, Nassau County Sheriff's Correction Benevolent Association, Plaintiffs, v. NASSAU COUNTY INTERIM FINANCE AUTHORITY, et al., Defendants.
AARON EDWARD KAPLAN, ESQ. CSEA, INC. Attorneys for Plaintiffs Jerry Laricchiuta Danny Donohue, CSEA Nassau County Local 830 and CSEA Local 1000, AFSME, AFL-CIO KOEHLER & ISAACS, LLP. BY: HOWARD GARY WEIN, ESQ. Attorneys for Plaintiffs John Jaronczyk and Nassau County Sheriff's Corrections Officers Benevolent Association SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP BY: CHRISTOPHER GUNTHER, ESQ. Four Times Square Attorneys for Defendants Nassau County Interim Finance Authority and Individual Directors/Members JACKSON LEWIS LLP BY: ANA SHIELDS, ESQ.. MARC S. WENGER, ESQ. Attorneys for Defendants County of Nassau Edward Mangano and George Maragos BARBARA E. VAN RIPER, ESQ. Office of the Nassau County Attorney
MEMORANDUM AND ORDER
(Wexler, J.)
APPEARANCES:
AARON EDWARD KAPLAN, ESQ.
CSEA, INC.
Attorneys for Plaintiffs Jerry Laricchiuta Danny Donohue,
CSEA Nassau County Local 830 and CSEA Local 1000, AFSME, AFL-CIO
KOEHLER & ISAACS, LLP.
BY: HOWARD GARY WEIN, ESQ.
Attorneys for Plaintiffs John Jaronczyk and Nassau County Sheriff's
Corrections Officers Benevolent Association
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
BY: CHRISTOPHER GUNTHER, ESQ.
Four Times Square
Attorneys for Defendants Nassau County Interim Finance Authority and
Individual Directors/Members
JACKSON LEWIS LLP
BY: ANA SHIELDS, ESQ.. MARC S. WENGER, ESQ.
Attorneys for Defendants County of Nassau
Edward Mangano and George Maragos
BARBARA E. VAN RIPER, ESQ.
Office of the Nassau County Attorney
WEXLER, District Judge
In a Memorandum and Order dated September 25, 2013, this court asked Plaintiffs in Carver v. NIFA, 11-1614, to inform the court as to their intent with respect to pursuing their state law statutory construction claim in a state forum. The Carver Plaintiffs have since informed the court that they will soon commence a state action. In view of the Carver Plaintiffs' election and the opinion of the Second Circuit in Carver v. Nassau County Interim Finance Authority, No. 13-0801, 13-840 (September 20, 2013), this court exercised its discretion to stay this federal action pending completion of the state court proceedings.
The cases captioned herein raise the same potentially dispositive state law statutory construction claim. Instead of reaching the Constitutional issues raised in these cases, the court will close the files in these cases pending a decision by the New York state court as to the merits of the state law claim. Accordingly, the Clerk of the Court is directed to close the files and terminate all outstanding motions in these cases at this time. The closing and terminations are without prejudice to re-opening these cases, upon letter application, at the conclusion of the state court proceedings.
SO ORDERED.
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LEONARD D. WEXLER
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
October 7, 2013