English v. Cowell

117 F.R.D. 128, 1987 U.S. Dist. LEXIS 7871
District Court, C.D. Illinois·Decided August 27, 1987·No. No. 84-3299·Published·Cited by 8 cases

Opinion

[129] OPINION ORDER

MILLS, District Judge:

Plaintiff has inundated this Court with a plethora of procedural garbage. And over the 11-year life span of this meritless trash, the Defendant union has been forced to expend untold time and expense to fight a pattern of blatant harassment.

By this ruling, the Court sua sponte dismisses this tenth and final cause of action and enjoins the Plaintiff from ever filing another lawsuit—in any federal court, at any time, for any reason—without first obtaining leave of Court.

I. Procedural History

On June 15, 1976, Forrest English (a/k/a Guy S. Levine) filed suit in this Court against Local Union No. 46, International Association of Bridge, Structural and Ornamental Iron Workers, and named officers of the local union, seeking a declaration of rights under 29 U.S.C. §§ 411, 412. That suit eventually went to trial by bench and the Court found in favor of the Defendants. Whatever merit the original suit had, the Court must now conclude that the date of that filing of that lawsuit was more infamous than momentous.

That suit was the fountainhead for numerous related actions filed in this district court, all of which were related to English’s running battle with Local No. 46. Here is the list:

1. English v. Wells, No. 78-3065
2. English v. Trogolo, No. 78-3116
3. English v. Beckman, No. 78-3117
4. English v. Schroeder, No. 78-3170
5. English v. Local Union No. 46, No. 79-3022
6. English v. Local Union No. 46, No. 79-3036
7. English v. Union Officers & Members of Local Union No. 46, No. 83-3383
8. English v. Siddens, No. 84-3271
9. English v. Cowell, No. 84-3299
10. English v. Fines, No. 86-3041

We will not attempt the Herculean task of detailing how each of these cases wound its way through the court system. Suffice to say that most of the cases saw their demise for failure to prosecute or were otherwise dismissed on legal grounds.

As of October 24, 1985, five of these lawsuits remained pending. On that date, the Magistrate entered a recommendation and order which among other things consolidated Cases Nos. 78-3116, 79-3022, 79-3036, 84-3271, and 84-3299 under the rubric of Case No. 84-3299, this case number. In 78-3116, the Magistrate let stand three counts brought under the LMRDA. In 79-3022, the Magistrate dismissed numerous paragraphs of the complaint; however, claims brought under 29 U.S.C. §§ 411(a)(1) and 411(a)(3)(A) were not dismissed. The Magistrate then found that although No. 79-3036 had been previously dismissed, the Court would treat Plaintiff’s motion as one to vacate judgment under Fed.R.Civ.P. 60(b) and allow the parties to brief the issue. Eventually, this Court denied Plaintiff’s motion to re-open 79-3036 and it remains closed.

Moving along to No. 84-3271, the Magistrate recommended dismissal of all but one count of a 45-page, 112-paragraph complaint. Finally, in 84-3299, the Magistrate recommended dismissal of five counts of a six-count complaint, allowing Plaintiff to maintain his action based on his termination from the union pursuant to 29 U.S.C. § 411(a)(5). This Court adopted the Magistrate’s recommendation and the cases proceeded.

On December 18, 1986, this Court came a step closer to resolving these cases when we stayed all discovery proceedings. We specifically found that “... the vast bulk of Plaintiff’s discovery requests are either irrelevant, duplicative, or attempts at discovering information previously denied in a prior motion to compel. The existence of a trickle of valid discovery requests does not warrant allowing Plaintiff to continue what has no doubt become an unduly oppressive and burdensome pattern of discovery tactics.” English v. Cowell, — F.Supp. —, —, No. 84-3299, order at p. 9 (C.D.Ill. Dec. 18, 1986) (citations omitted). In fact, the plethora of frivolous discovery requests [130] filed by Plaintiff is indeed reflective of Plaintiff’s vexatious behavior throughout the conduct of this litigation.

Upon Defendants’ motion raised at the pretrial conference, we reconsidered whether cases numbered 79-3002, 84-3271, and 84-3299 should be dismissed as time barred. For reasons stated in that order, we agreed with Defendants that initially we had applied the wrong statute of limitations period. These cases were indeed barred by the statute of limitations when applying the correct federal statute of limitations period. Thus, cases No. 79-3002, 84-3271, and 84-3299 were dismissed. See English v. Cowell, — F.Supp. —, No. 84-3299 (C.D.Ill. June 9, 1987).

That brings us up to date.

All that remains is Case No. 78-3116. Plaintiff has filed a partial motion for summary judgment with regard to Count III of this complaint. Plaintiff has voluntarily dismissed Counts I and II. Not only do we deny Plaintiff’s motion, we go further and sua sponte dismiss this last remaining suit and enjoin Plaintiff from filing any lawsuit in federal court without prior leave of Court.

II. Dismissal of No. 78-3116

Counts I and II of this complaint have been voluntarily dismissed by Plaintiff. In Count III Plaintiff asks this Court to order Local No. 46 to make available to Plaintiff for examination all books, records, and accounts necessary to audit Local No. 46 and for attorneys’ fees for the suit.

Under 29 U.S.C. § 431(c) a union member may enforce his right to inspection in district court if he can show “just cause” for an examination of the union records. Just cause has been defined as “a suspicion that would put a reasonable union member to further inquiry.” Landry v. Sabine Independent Seaman’s Assoc., 623 F.2d 347, 349 (5th Cir.1980). Even assuming that Plaintiff could meet this requirement, we believe that this count should be dismissed for two reasons.

A. Mootness

First, the question of whether this Court should order the local to give Plaintiff access to the records, specifically the LM-2 reports Plaintiff complains of, is at this point in time moot.

The unrefuted affidavits and supporting materials of record indicate that Plaintiff has been given access to or opportunity to have access to virtually all of Local 46’s financial records for the past 15 years.

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English v. Cowell, 117 F.R.D. 128, 1987 U.S. Dist. LEXIS 7871 (C.D. Ill. 1987).

117 F.R.D. 128 (English v. Cowell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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