GUZMAN v. BEVONA

No. 92 Civ. 1500 (RPP).

810 F.Supp. 509 (1992)

Carlos GUZMAN, individually and on behalf of the members of Local 32B-32J of the Service Employees International Union, Plaintiff, v. Gus BEVONA, Nicholas Alvarez, Joseph J. Baumann, John Bevona, Kyle Bragg, Stanley Busti, Ernesto Castro, Robert Currenti, Anthony Dejesus, Joseph Dumlao, Andrew Dunlea, Luke Feeney, Juan Goicoechea, Thomas Gray, Richard Hopkins, Serge Jean-Jacques, John Koss, William Lannon, Joseph Larosa, Charles Lee, Peter Martin, Kevin McCulloch, Yalmen Mergen, Donald Mumm, Marie Nurse, Anthony Poccio, Alonzo Ramirez, Woden Rodriguez, Joseph Santapola, Danielle Sistrunk, John J. Sweeney and Colon Villacis, Defendants.

United States District Court, S.D. New York.

November 17, 1992.


Attorney(s) appearing for the Case

Lankenau Kovner & Bickford by Wayne N. Outten and Jack A. Raisner, New York City, for plaintiff.

Spivak, Lipton, Watanabe, Spivak & Moss by Franklin K. Moss, New York City, Rochman Platzer Fallick Rosmarin & Sternheim by Irwin Rochman, New York City, for defendants.


OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendants, the members of the Joint Executive Board ("Executive Board") of Local 32B-32J (the "Union") move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the first, third and fourth causes of action of the second amended complaint filed by Carlos Guzman ("Guzman"), a member and former shop steward of the Union. Defendants' papers state they move in the alternative...

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