Goldstein et al v. Professional Staff Congress/CUNY et al, No. 1:2022cv00321 - Document 95 (S.D.N.Y. 2022)

Court Description: OPINION & ORDER re: 56 MOTION to Dismiss the Complaint filed by Professional Staff Congress/CUNY, 53 MOTION to Dismiss Complaint by State Defendants filed by Rosemary A. Townley, Anthony Zumbolo, John Wirenius, Thomas P. DiNapoli, City University of New York, 59 MOTION to Dismiss the Complaint by Defendant City of New York filed by City of New York. For the reasons above, the Court grants defendants' motions to dismiss in full. The Court th erefore dismisses Counts One and Two, and the portions of Count Three on which defendants have moved. The case will now proceed to discovery on the surviving portion of Count Three, which is limited to the claims against the PSC by Goldstein, Kass-S hraibman, and Langbert, with respect to dues and interest allegedly deducted from their wages after their resignations from the union. Because no live claims remain against any defendants other than the PSC, the Court accordingly dismisses all other defendants from this case. The court directs counsel for the remaining parties (Goldstein, Kass-Shraibman, Langbert, and the PSC) to jointly submit, by December 9, 2022, a proposed case management plan contemplating, inter alia, the completion of di scovery on the remaining claim by February 9, 2023. The Court respectfully directs the Clerk of the Court to close the motions pending at docket numbers 53, 56, and 59, and to terminate the City of New York, CUNY, DiNapoli, Wirenius, Townley, and Zu mbolo as defendants in this matter. SO ORDERED. Thomas P. DiNapoli (in his official capacity as New York State Comptroller), Rosemary A. Townley (in her official capacity as Member of the New York Public Employee Relations Board), John Wireniu s (in his official capacity as Chairperson of the New York Public Employee Relations Board), Anthony Zumbolo (in his official capacity as Member of the New York Public Employee Relations Board), City University of New York and City of New York terminated. (Signed by Judge Paul A. Engelmayer on 11/30/2022) (vfr)