Opinion

Brodsky v. The New York City Campaign Finance Board

Court
District Court, S.D. New York
Filed
Nov 13, 2024
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------------X

MERYL BRODSKY,

Plaintiff,

24 Civ. 2823 (PAE) (GS)

-against-

ORDER

THE NEW YORK CITY

CAMPAIGN FINANCE BOARD,

SYLVIA O. HINDS-RADIX, NEW

YORK CITY CORPORATION

COUNSEL AND THE NEW YORK

CITY SHERIFF (NON-PARTY),

Defendants.

------------------------------------------------------------X

GARY STEIN, United States Magistrate Judge:

By letter dated September 4, 2024, Defendants New York City Campaign

Finance Board (the “Board”); Sylvia O. Hinds-Radix, New York City Corporation

Counsel (“Hinds-Radix”); and the New York City Sheriff (“Sheriff”) (collectively,

“Defendants”) seek clarification as to whether the Court considers certain

individuals, added to the docket as defendants following Plaintiff Meryl Brodsky’s

filing of her Amended Complaint, “to be properly named Defendants in this matter.”

(Dkt. No. 23 at 1). These individuals are former New York State Judge Eileen M.

Rakower (“Rakower”); Muriel Goode-Trufant, the current Acting New York City

Corporation Counsel (“Goode-Trufant”); Hillary Weisman, the Board’s former

General Counsel (“Weisman”); and Louise Tomassetti, a former employee of the

Board (“Tomassetti”). (Id.).1

Having reviewed Defendants’ letter, the Amended Complaint, other filings on

the docket, and relevant law, the Court will not treat these individuals as

defendants at this time, except insofar as the Amended Complaint sues the

Corporation Counsel in her official capacity, who at present is Goode-Trufant.

Rule 10(a) of the Federal Rules of Civil Procedure requires that every party

to an action be named in the complaint’s caption. See Fed. R. Civ. P. 10(a) (“[t]he

title of the complaint must name all the parties”). Plaintiff, who is proceeding pro

se, did not name Rakower, Goode-Trufant, Weisman, or Tomassetti as defendants in

the caption of the Amended Complaint. Nevertheless, “the caption itself is normally

not determinative of the identity of the parties or of the pleader’s statement of

claim.” Heicklen v. U.S. Dep’t of Homeland Sec., No. 10 Civ. 2239 (RJH) (JLC), 2011

WL 3841543, at *10 n.12 (S.D.N.Y. Aug. 30, 2011) (finding that pro se plaintiff

intended to name an individual and agency as defendants, even though they were

not listed as defendants in the caption).

Based on the Court’s review, it is unclear whether Plaintiff intended to name

Rakower, Weisman and/or Tomassetti as defendants. The Amended Complaint

contains a section entitled “Parties.” (Dkt. No. 14 at 7-9). The first paragraph of

this section identifies Brodsky as the plaintiff; explains that the New York City

1 The Amended Complaint refers to “Louise Tomassetti” in one place (Dkt. No. 14 ¶ 12(d)), but to

“Julie Tomassetti” in two other places (id. ¶¶ 12(b), 23) and simply to “Tomassetti” in several other

paragraphs (id. ¶¶ 26, 28, 28(a), 28(b), 71).

Campaign Finance Board is being sued under the New York State Municipal Law;

refers to the Corporation Counsel and the City of New York as public corporations;

and states that, “[s]o far,” the New York City Sheriff is a nonparty. (Id. ¶ 12).

Plaintiff also states that she is suing the Campaign Finance Board “via” Acting

Corporation Counsel Good-Trufant, who replaced Hinds-Radix upon the latter’s

resignation on June 1, 2024. (Id. ¶ 12(a)). All this suggests Plaintiff intended, as

indicated by the caption, to name only the Board and the Corporation Counsel (as

well as the Sheriff as a “nonparty”).

However, Plaintiff also alleges, in the “Parties” section, that she is entitled to

file a claim against the City for disseminating her tax return information in

violation of federal tax law and that “this includes any ‘former officer or employee’

charged with filings.” (Dkt. No. 14 ¶ 12(ii)). She goes on to make various

allegations purportedly connecting Rakower, Weisman, and Tomassetti (as well as

Jihee Suh, a former lawyer for the Board) to the alleged improper dissemination of

her tax return information. (Id. ¶¶ 12(b), 38, 40-42, 62). Plaintiff’s causes of action,

which are predicated on the alleged illegal dissemination of her tax return

information, refer to Weisman and Tomassetti (as well as Suh) as “defendants.” (Id.

¶¶ 71-72). Although Rakower is not similarly described as a “defendant” in the

causes of action, the Amended Complaint elsewhere asserts Rakower can be liable

as a party because she is not entitled to judicial immunity. (Id. ¶¶ 12(iii)). These

allegations suggest that Plaintiff did intend to name Rakower, Weisman, and

Tomassetti as defendants.

Ultimately, however, the Court need not determine whether Plaintiff

intended, when she filed the Amended Complaint, to name these individuals as

defendants. So far as the docket reflects, neither Rakower, Weisman, nor

Tomassetti has been served in this action. Nor did Plaintiff request the issuance of

a summons from the Clerk’s Office for purposes of serving any of these individuals.

More than 90 days have passed since the original Complaint was filed on April 15,

2024 and the Amended Complaint was filed on July 3, 2024, beyond the period in

which Plaintiff was required to effect service. See Fed. R. Civ. P. 4(m) (“If a

defendant is not served within 90 days after the complaint is filed, the court—on

motion or on its own after notice to the plaintiff—must dismiss the action without

prejudice against that defendant or order that service be made within a specified

time.”).

Moreover, since the filing of Defendants’ September 4, 2024 letter, which

noted that “these individuals have not been served” (Dkt. No. 23 at 2), Plaintiff has

not taken any steps to serve Rakower, Weisman, or Tomassetti, or obtain an

extension of her time to do so. Indeed, Plaintiff has not submitted any response to

Defendants’ September 4, 2024 letter. Accordingly, given this context, the Court

does not view Rakower, Weisman, or Tomassetti as defendants.

The analysis differs with respect to Goode-Trufant. The Court understands

that Plaintiff named Hinds-Radix in the original Complaint solely in Hinds-Radix’s

then-official capacity as Corporation Counsel. The Court similarly understands

that the Amended Complaint refers to Goode-Trufant solely in her official capacity

as Acting Corporation Counsel following Hinds-Radix’s resignation. (See Dkt. No.

14 12(a)). There appear to be no allegations of personal involvement or

wrongdoing by Hinds-Radix or Goode-Trufant that could give rise to individual

liability. Accordingly, it is appropriate to substitute Goode-Trufant as a Defendant

in lieu of Hinds-Radix. See Fed. R. Civ. P. 25(d) (‘when a public officer who is a

party in an official capacity ... resigns... while the action is pending,” the “officer’s

successor is automatically substituted as a party”); Hill v. City of N.Y., No. 13 Civ.

6147 (PKC) (JO), 2019 WL 1900508, at *1 n.1 (E.D.N.Y. Apr. 29, 2019) (substituting

current city officials for former city officials named only in their official capacities).

kee

The Clerk of Court is respectfully directed to amend the caption on the docket

in accordance with this Order by: G@) terminating Rakower, Weisman and

Tomassetti as parties to this action; and (ii) substituting Goode-Trufant in the place

of Hinds-Radix as a Defendant.

SO ORDERED.

DATED: New York, New York

November 13, 2024 O. Mea

The Honorable Gary Stein

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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