Judge Robert Patterson
The New York City Transit Authority (NYCTA) fired Wells on March 31, 1986, after she tested positive for marijuana. According to its own policies the NYCTA should have given her more lenient discipline. Wells violated the terms of a May 6, 1987, oral agreement for reinstatement by testing positive for cocaine use. During that period Wells was a member of a class suit against the NYCTA—Burka v. New York City Transit Authority. On July 8, 1993, district court upheld Wells’ classification as a member of Subclass Two for “suspended employees” as not clearly erroneous and within the weight of the evidence. Second Circuit affirmed. Wells’ July 15, 2013, pro se action sought relief from the judgment in Burka pursuant to Federal Rule of Civil Procedure 60. Citing Rowe Entm’t v. William Morris Agency and Dow Jones & Co. v. WSJ the court denied Wells Rule 60 relief. Noting that Wells’ July 16, 2013, Rule 60 application was brought 20 years after the Burka decision upheld her classification as a suspended employee, the court found Wells’ claims time barred. Further, Wells’ application was beyond Rule 60(b)(6)’s more lenient statute of limitations of “a reasonable time” which the Second Circuit has interpreted as being 18 months.
