CARPENTERS LOCAL 280 v. UNITED BROTH. OF CARPENTERS, 93-CV-982C.
| Decision Date | 25 February 1994 |
| Docket Number | No. 93-CV-982C.,93-CV-982C. |
| Citation | 843 F. Supp. 855 |
| Parties | NIAGARA-GENESEE & VICINITY CARPENTERS LOCAL 280; Salvatore J. La Scala and Douglas A. Janese, individually and as President and Recording Secretary of Local 280, respectfully, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund; Ronald D. Tower, Russel A. Colosi, Patrick M. Carmody, Tobin J. Gormley and Christopher Shakarjian, individually and as Warden, Conductor, and Trustees of Local 280, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Pension Fund; and Salvatore J. De Marco and John C. Lunney, individually and as Trustee and Trustee Pro-Tem of Local 280, and Richard J. Marino, Plaintiffs, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; Sigard Lucassen, Salvatore A. Pelliccio, William Smith, and Kevin A. Thompson, individually and as General President and representatives of the United Brotherhood; Santo S. Scrufari, individually and as Plan Manager of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds; Gordon J. Knapp, David Fay, and Richard L. Covatta, individually and as Business Manager, Vice-President and Financial Secretary of Local 280, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund; and Kenneth E. Baggett, Daniel Fay, John B. Jones, David Knapp, Michael O'Brien, Christopher M. Scrufari, Rocco A. Sidari, Robert Williams, and John Woodley, Defendants. |
| Court | U.S. District Court — Western District of New York |
Norman A. LeBlanc, Jr., Hamburg, New York City, for plaintiffs.
Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (Eugene W. Salisbury, of counsel), Buffalo, New York City, for defendants Santo Scrufari and Gordon Knapp.
In this case a complaint was filed in December of 1993 seeking, firstly, an order restoring individual plaintiffs as officers of Niagara-Genesee and Vicinity Carpenters Local 280 ("Local 280") and as trustees of the Local 280 Welfare Fund and the Local 280 Pension Fund ("the Funds"); secondly, an order voiding the trusteeship imposed by defendant United Brotherhood of Carpenters and Joiners of America ("International") over Local 280; thirdly, an injunction ordering defendants to refrain from taking any action as the Executive Board of Local 280 or as trustees of the Funds; and finally, an order removing defendant Santo Scrufari as plan manager of the Funds. As a result of a meeting held on December 17, 1993, it was determined that the Funds should be joined as a necessary party in this case so that jurisdiction could be exerted over those entities. An amended complaint was filed on December 29, 1993, naming the Funds as defendants.
Defendants Santo Scrufari and Gordon Knapp, represented by Eugene Salisbury, Esq., have now moved to compel Norman LeBlanc, Esq., to withdraw as plaintiffs' counsel. Items 18 and 19. Mr. Knapp is the General Agent of Local 280 and a trustee of the Funds. Mr. Scrufari is employed by the trustees as the Funds' plan manager, is subject to their direction, and as such is a fiduciary of the Funds. In addition, both Knapp and Scrufari are participants and beneficiaries of the Funds.
The essence of the motion to compel withdrawal is that Mr. LeBlanc practices law out of the same office as, and is in law partnership with, David Herrmann, Esq., who is prohibited from representing the plaintiffs because he has been counsel to the Funds for a number, of years and continues to represent them in all matters other than the present litigation.
There is no question that Mr. Herrmann is working closely with Mr. LeBlanc in supporting the plaintiffs in this litigation. At oral argument on February 9, 1994, Mr. Herrmann was in court with Mr. LeBlanc, assisted him in his presentation, and disclosed that they are in partnership. During the early proceedings in this case there was some question as to whether they had formed a formal law partnership; but at the meeting, LeBlanc and Herrmann made clear that one does now exist. They argue, however, that this should not disqualify LeBlanc as attorney for the plaintiffs. Defendants contend that since Herrmann cannot represent the plaintiffs, neither can LeBlanc.
In his capacity as attorney for the Funds, Herrmann represents the interests of the participants of the Funds as a whole. He represents the Funds in legal actions brought against them by participants and others. Item 30, ¶ 4. He drafts plan documents and other materials necessary to keep the Funds in compliance with applicable statutory provisions. Id. at ¶ 5. He also provides the Funds' trustees with legal advice and guidance concerning member benefits, Fund administration, and the trustees' powers and obligations. Id. Defendants say that as the Funds' attorney, Herrmann has had access to the Funds' practices and internal records, and has received confidential and privileged information from defendant Scrufari in his capacity as the Funds' plan manager, and from defendant Knapp in his capacity as a trustee. More importantly, they urge that Herrmann owes loyalty to all participants and beneficiaries equally.
The plaintiffs argue that this lawsuit was brought to protect their rights as guaranteed by the Employee Bill of Rights contained in the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq., and they ask the court to focus at this time on only a part of the remedy they seek in their complaint — the removal of the trusteeship imposed by the International over Local...
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Lascala v. Scrufari
...that is inextricably linked to his role as legal counsel to the Funds.Niagara–Genesee & Vicinity Carpenters Local 280 v. United Broth. of Carpenters and Joiners of America, 843 F.Supp. 855, 857 (W.D.N.Y.1994) (emphasis added). According to defendant, the information contained in the billing......
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...as legal counsel to the Funds in all matters other than this litigation. See Niagara-Genesee & Vicinity Carpenters Local 280 v. United Broth. of Carpenters and Joiners of America, 843 F. Supp. 855 (W.D.N.Y. 1994). Defendant contends that plaintiffs' failure to disclose Mr. Herrmann's contin......
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