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Kettle v. N.Y.S. Thruway Auth.

Action Alleging Excessive Fines for Nonpayment of Cashless Bridge Tolls Is Dismissed

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DECISION AND ORDER   On April 18, 2019, Carl Kettle, Larry Biesuz, Jr., and David Tredo commenced this putative class action against New York State Thruway Authority (“NYSTA”), Conduent State & Local Solutions, Inc. (“Conduent”), and Linebarger Goggan Blair & Sampson, LLP (“Linebarger”), alleging primarily that Defendants imposed unconstitutionally excessive fines for nonpayment of a cashless toll at the Grand Island Bridges. Dkt. 1. On October 2, 2019, this Court1 referred the case to United States Magistrate Judge Hugh B. Scott for all proceedings under 28 U.S.C. §636(b)(1)(A) and (B). Dkt. 37. Presently before the court is Judge Scott’s Report and Recommendation (“R&R”) (Dkt. 44) addressing Defendants’ various motions to dismiss (Dkts. 14, 20, 21). For the reasons discussed below, this Court accepts the R&R — with the exception of its recommendation that Plaintiffs Kettle and Trudo have asserted plausible claims for due process violations. The motions to dismiss are granted in full. BACKGROUND This Court assumes the parties’ familiarity with the details of this case, outlined in Judge Scott’s thorough R&R, and will provide only a brief summary of the relevant background. Plaintiffs challenge the collection of fines for cashless tolls on the Grand Island bridges. Dkts. 1, 6. Plaintiffs allege in their amended complaint that Defendants have violated the Eighth Amendment’s prohibition against excessive fines and, separately, failed to give them fair notice in violation of due process guaranteed by the Fourteenth Amendment. Dkt. 6, at 20-23

107-13, 114-27. Plaintiffs also bring related state constitutional law claims, claims under New York General Business Law §349, and common law fraud claims. Dkt. 6, at 23-26

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