84 v. Robert Francis et al. (2010)

MEMORANDUM OF DECISION

Defendants move for summary judgment supported by numerous affidavits and an excellent brief.   The plaintiff opposes the motion by several affidavits and also a good brief.   The central issue in the case is when the merger of Local 538 and Local 84 occurred.   If the merger occurred after the defendant officers of Local 538 distributed monies to the members of the local and to other entities, then their motion for summary judgment should be granted.

The court has read all of the material submitted in support of and in opposition to the motion.   It is forced to conclude that a factual issue exists as to when the merger occurred.   Defendants assert that the merger occurred on August 30, 2006, when books and accounts of Local 538 and a check for the balance in the account of Local 538 were turned over to Local 84.   Plaintiffs assert that the merger occurred when it was ordered by the International on June 9, 2006 or when the offices of Local 538 were closed and its phone turned off in June 2006, or when officers of Local 538 withdrew from the union and consequently resigned on or about August 15, 2006.

Because of this factual dispute, the court is required to deny the motion of summary judgment against defendants, Francis, Hughes, and Harrington-Hughes.

However, the plaintiffs submitted no valid opposition to defendants' motion for summary judgment as to defendant, Crew 538, LLC. Consequently the motion for summary judgment may be granted in favor of Crew 538, LLC.

R. Satter, JTR

Satter, Robert, J.T.R.