RONNIE ABRAMS, District Judge.
Plaintiff Saju George brings this discrimination action against his former employer, Defendant Professional Disposables, Inc., under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. Before the Court is Defendant's motion for partial reconsideration of the Court's July 24, 2017 decision denying Defendant's motion for summary judgment. For the reasons set forth below, Defendant's motion for partial reconsideration is denied.
Plaintiff is a native of India and identifies his race as "Indian Asian," "Asian," or "non-Caucasian." Def.'s Rule 56.1 Stmt. ("Def.'s 56.1") ¶¶ 6-7 (Dkt. 109). Defendant is a manufacturer and distributor of sanitized wet wipes. See id. if 1. On January 6, 1997, Defendant hired Plaintiff as a machine operator at its Orangeburg, New York facility. See id. On January 16, 2014, Defendant terminated Plaintiff's employment, citing his failure to obtain permission before taking an extended lunch break and his failure to clock out at the end of a shift as bases for its decision. See id. ¶ 38; Deel. of David W. Garland in Supp. of Def.'s Mot. for Summ J. ("Garland Deel.") Ex. M (Dkt. 106). Plaintiff claims that he was subjected to discrimination and a hostile work environment on the basis of his race, color, and national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. See Am. Compl. (Dkt. 37).
In an oral ruling on July 24, 2017, the Court denied Defendant's motion for summary judgment. See Tr. of Decision (Dkt. 149). With respect to Plaintiff's discrimination claims, the Court determined that a reasonable juror could find both that Plaintiff had established a primafacie case of discrimination and that Defendant's legitimate, non-discriminatory reasons for his termination were pretext for discrimination. See id. at 3: 10-14: 5. Turning to Plaintiff's hostile work environment claim, the Court concluded that a reasonable juror could, on the basis of Plaintiff's testimony that his direct supervisor made offensive remarks regarding his race and national origin at least five times per day, find that Plaintiff was subjected to a hostile work environment. See id. at 14:6-15:25.
On August 7, 2017, Defendant filed a motion for partial reconsideration. See Def.'s Mot. for Recons. (Dkt. 142). On August 21, 2017, Plaintiff filed an opposition to Defendant's motion, see Pl.'s Mem. in Opp'n to Def.'s Mot. for Recons. ("Pl.'s Mem.") (Dkt. 146), and on August 25, 2017, Defendant filed a reply, see Def.'s Reply Mem. (Dkt. 147).
"Motions for reconsideration are governed by Local Civil Rule 6.3 and Federal Rule of Civil Procedure 60(b)." Farmer v. United States, No. 12-CR-758 (AJN), 2017 WL 3448014, at *2 (S.D.N.Y. Aug. 10, 2017) (quoting Shaw v. Mcdonald, No. 14-CV-5856 (NSR), 2016 WL 828131, at *1 (S.D.N.Y. Feb. 22, 2016)). "A motion for reconsideration is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources." Cohen Lans LLP v. Naseman, No. 14-CV-4045 (JPO), 2017 WL 1929587, at *1 (S.D.N.Y. May 10, 2017) (quoting Pablo Star Ltd. v. Welsh Gov't, No. 15-CV-1167 (JPO), 2016 WL 2745849, at *1 (S.D.N.Y. May 11, 2016)). "In order to prevail on a motion for reconsideration, a movant must demonstrate `(i) an intervening change in controlling law; (ii) the availability of new evidence; or (iii) the need to correct clear error or prevent manifest injustice.'" Id. (quoting Pablo Star, 2016 WL 2745849, at *1). "The standard governing motions for reconsideration `is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked.'" Bldg. Serv. 32BJ Health Fund v. GCA Servs. Grp., Inc., No. 15-CV-6114 (PAE), 2017 WL 1283843, at *1 (S.D.N.Y. Apr. 5, 2017) (quoting Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012)). "A motion for reconsideration is `not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple.'" Sea Trade Mar. Corp. v. Coutsodontis, No. 09-CV-488 (LGS), 2017 WL 13 78276, at* 1 (S.D.N. Y. Apr. 14, 2017) (quoting Analytical Surveys, 684 F.3d at 52); see also de las Santos v. Fingerson, No. 97-CV-3972 (MBM), 1998 WL 788781, at *1 (S.D.N.Y. Nov. 12, 1998) ("[T]he proponent of a motion for reconsideration is not supposed to treat the court's initial decision as the opening of a dialogue in which that party may then use such a motion to advance new theories or adduce new evidence in response to the court's rulings.").
Defendant first argues that the Court incorrectly applied Second Circuit precedent by determining that Joseph Zocalli's alleged remarks regarding Plaintiffs race, color, and national origin give rise to an inference of discrimination. See Def.'s Mem. in Supp. of Mot. for Recons. ("Def.'s Mem.") at 4-13 (Dkt. 143); Tr. of Decision at 4:15-8:6.
Defendant is correct that, in determining whether a statement regarding an employee's protected characteristics is probative of discrimination, courts often consider whether the speaker played a "meaningful role" in the adverse employment action. See, e.g., Bickerstaff v. Vassar Coll., 196 F.3d 435, 450 (2d Cir. 1999). In this case, the record contains sufficient evidence for a reasonable juror to conclude that Zocalli did, in fact, play a meaningful role in Defendant's decision to terminate Plaintiffs employment. There is no dispute that Zocalli was Plaintiffs direct supervisor-and had been, according to Plaintiff, for a period of six years. See Pl. Dep. Tr. at 117:7-13; see also Def.'s 56.1 ¶ 22 ("George, as a Mechanic, reported directly to Joseph Zocalli, Maintenance Supervisor."); Henry v. Wyeth Pharm., Inc., 616 F.3d 134, 149 (2d Cir. 2010) (explaining that, in determining whether a remark is probative of discrimination, courts consider "who made the remark (i.e., a decision-maker, a supervisor, or a low-level co-worker)" (emphasis added)). The record also contains evidence suggesting that Zocalli had a significant role in the investigation that ended in Plaintiff's termination. Indeed, Zocalli initiated the investigation by summoning Plaintiff to an "empty office" to discuss the alleged performance issues that were ultimately cited as the basis for his termination. Def.'s 56.1 ¶ 31. As the investigation continued, a reasonable juror could conclude that Zocalli maintained an active role. Zocalli participated in multiple meetings with Plaintiff and Jodi Kiernan, the Human Resources manager who signed Plaintiff's termination letter. See, e.g., Def.'s 56.1 ¶ 32; Garland Deel. Ex. M; Pl. Dep. Tr. at 196: 10-22. The evidence suggests that Zocalli may have spoken during these meetings, see, e.g., Pl. Dep. Tr. at 199:22-25, and his statements were attached as "supporting documentation" to an internal memorandum discussing Plaintiff's termination, see Garland Deel. Ex. L. Moreover, while Defendant asserts that Kiernan played a far more significant role in the process than Zocalli, a reasonable juror could conclude otherwise: Plaintiff testified, for example, that he did not meet alone with Kiernan during the investigation, but was "always" with "Joe Zocalli or Jay Amarillo." Pl. Dep. Tr. at 167:20-168:4. This evidence, consisting of both Zocalli's role as Plaintiff's direct supervisor and as a key player in the termination process, provides a sufficient basis for a juror to reasonably infer discrimination on the basis of Zocalli's alleged statements. See Rose v. New York City Bd. ofEduc., 257 F.3d 156, 162 (2d Cir. 2001) (holding that alleged statements "made directly to [the plaintiff] on more than one occasion by her immediate supervisor, who had enormous influence in the decision-making process" were "direct evidence of discriminatory animus").
Defendant's argument that the Court's ruling conflicts with the Second Circuit's standard for "cat's paw" liability is also unpersuasive. See Def.'s Mem. at 9-13. As the Second Circuit explained in Vasquez v. Empress Ambulance Service, Inc., 835 F.3d 267 (2d Cir. 2016), the "cat's paw" theory of liability "refers to a situation in which an employee is fired or subjected to some other adverse employment action by a supervisor who himself has no discriminatory motive, but who has been manipulated by a subordinate who does have such a motive and intended to bring about the adverse employment action." Id. at 272 (quoting Cookv. IPC IntlL Corp., 673 F.3d 625, 628 (7th Cir. 2012)). Vasquez further explained that the "cat's paw" theory accords with the Second Circuit's "longstanding precedent" holding, as discussed above, that "a Title VII plaintiff is entitled to succeed, even absent evidence of illegitimate bias on the part of the ultimate decision maker, so long as the individual shown to have the impermissible bias played a meaningful role in the decisionmaking process." Id. (alteration omitted) (quoting Holcomb v. Iona Coll., 521 F.3d 130, 143 (2d Cir. 2008)). Thus, the "cat's paw" theory of liability extends an employer's potential liability to circumstances in which there is no evidence that anyone with a "meaningful role" in the decisionmaking process harbors any impermissible bias, but where there is evidence of manipulation by a subordinate who does. See id. Here, however, the Court had no need to rely on the "cat's paw" theory, as there is sufficient evidence for a juror to reasonably conclude that Zocalli both evinced "impermissible bias" against Plaintiff and played a "meaningful role" in the decisionmaking process. Id. Accordingly, Defendant's discussion of the "cat's paw" theory of liability provides no basis for reconsideration.
Defendant next argues that the Court erred in ruling that Plaintiffs deposition testimony regarding the reasons for his termination is not admissible under Federal Rule of Evidence 701 (b). See Def.'s Mem. at 13-17; Tr. of Decision at 10:25-13:15. This argument is also unpersuasive.
Rule 701 provides that a lay witness may testify in the form of an opinion, provided that his testimony is limited to one that is: (a) rationally based on the perception of the witness; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702." Fed. R. Evid. 701. The Second Circuit has held that, "[i]n employment discrimination actions, 'Rule 701(b) bars lay opinion testimony that amounts to a naked speculation concerning the motivation for a defendant's adverse employment decision.'" Village ofFreeport v. Barrella, 814 F.3d 594, 611 (2d Cir. 2016) (quoting Hester v. BIC Corp., 225 F.3d 178, 185 (2d Cir. 2000)). Thus, "[a]lthough witnesses may testify regarding `their own observations of the defendant's interactions with the plaintiff or with other employees,' they may not opine as to the motives, racial or otherwise, underlying those interactions." Id. (quoting Hester, 225 F.3d at 185).
In moving for reconsideration, Defendant argues that this rule does not apply where, as here, the witness who "opine[s] as to the motives" of an employer is the plaintiff, rather than a third party. Id.; see Def.'s Mem. at 14-17. By Defendant's own admission, however, "the Second Circuit does not appear to have confronted the question directly." Id. at 15. As a result, Defendant cannot claim that the Court overlooked any "controlling decisions," Bldg. Serv. 32BJ Health Fund, 2017 WL 1283843, at *1, or that any "intervening change in controlling law" warrants reconsideration, Cohen Lans, 2017 WL 1929587, at *1 (quoting Pablo Star, 2016 WL 2745849, at *1). In any event, Defendant offers no principled basis for distinguishing between the opinion testimony of a third party, such as a coworker, and that of a plaintiff regarding an employer's motives. In either case, the witness is not, as a general matter, "involved in [the] decision-making process" and can only offer "subjective impressions" regarding the reasons for the employer's decision. Hester, 225 F.3d at 184. Thus, in either case, `"the witness's opinion as to the defendant's ultimate motivations will often not be helpful within the meaning of Rule 701 because the jury will be in as good a position as the witness to draw the inference as to whether or not the defendant' was motivated by an impermissible animus." Id. at 185 (quoting United States v. Rea, 958 F.2d 1206, 1216 (2d Cir. 1992)).
Rule 701 aside, Defendant appears to argue that Plaintiff's deposition testimony is entitled to dispositive weight because it contradicts the allegations in his amended complaint. It is true that, "in the rare circumstances where the plaintiff relies almost exclusively on his own testimony, much of which is contradictory and incomplete, and where the facts alleged are so contradictory that doubt is cast upon their plausibility," a district court may grant the defendant summary judgment on the grounds that "no reasonable person would undertake the suspension of disbelief necessary to give credit to the allegations made in the complaint." Jeffreys v. City of New York, 426 F.3d 549, 554-55 (2d Cir. 2005) (alterations omitted) (internal quotation marks omitted); accord Rojas v. Roman Catholic Diocese of Rochester, 660 F.3d 98, 104-05 (2d Cir. 2011) (per curiam). On the other hand, "the court considering a summary judgment motion should not disregard" a plaintiff's allegations or testimony "if there is a plausible explanation for discrepancies in [his] testimony." Langman Fabrics v. Graff Californiawear, Inc., 160 F.3d 106, 112 (2d Cir. 1998). Here, Plaintiff's apparent confusion, perhaps due to his difficulty understanding English, provides a "plausible explanation" for discrepancies between his testimony and the allegations in his amended complaint. Id.
Finally, Defendant argues that the Court erred in "rejecting" evidence that other employees were, according to Defendant, treated "exactly the same way" as Plaintiff. See Def.'s Mem. at 17-18. Defendant mischaracterizes the Court's ruling. The Court did not "reject" evidence regarding the treatment of other PDI employees. This evidence may be relevant and may well support Defendant's position at trial. At the summary judgment stage, however, the Court concluded that this evidence was not sufficient to demonstrate the absence of any dispute of fact as to whether Plaintiff was terminated on the basis of his race or national origin. Defendant has not shown that this conclusion was clearly erroneous or contrary to controlling law.
For the reasons set forth above, Defendant's motion for reconsideration is denied. The Clerk of Court is respectfully directed to terminate the motion pending at Docket No. 142.
SO ORDERED.