MENDOZA v. AMALGAMATED TRANSIT UNION INTERN.

No. 20-16079, No. 20-16080.

30 F.4th 879 (2022)

Jose MENDOZA, Jr., individually and as a member and representative of the Amalgamated Transit Union Local 1637, Plaintiff-Appellant, v. AMALGAMATED TRANSIT UNION INTERNATIONAL; James Lindsay III, individually and in his official capacity as ATU International Vice President and Trustee; Lawrence Hanley, individually and in his official capacity as International Union President; Antonette Bryant, individually and in her official capacity as International Representative and Hearing Officer; Terry Richards; Carolyn Higgins; Keira McNett; Daniel Smith; Tyler Home, Defendants-Appellees. Jose Mendoza, Jr.; Robbie Harris; Robert Naylor; Myeko Easley; Dennis Hennessey; Gary Sanders; Linda Johnson-Sanders; Cesar Jimenez, individually and each as members and on behalf of Amalgamated Transit Union Local 1637 membership, and as majority of the Local 1637 Executive Board, Plaintiffs-Appellants, v. Amalgamated Transit Union International; James Lindsay III, individually and as ATU International Vice President and Trustee; Lawrence Hanley, individually and as ATU International Union President; Antonette Bryant, individually and as Hearing Officer; Richie Murphy, individually and as International Vice President; Keira McNett, individually and as ATU Associate General Counsel; Daniel Smith, individually and as ATU Associate General Counsel; Tyler Home, individually and as ATU Auditor; Keolis Transit America Inc.; Kevin Manzanares, individually, and as an employee of Keolis; Miller Kaplan & Arase, a limited liability partnership; Ann Salvador, individually and as an employee of MKA; Alexander Chernyak, individually and as an employee of MKA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2022.


Attorney(s) appearing for the Case

Michael J. Mcavoyamaya (argued), Las Vegas, Nevada, for Plaintiffs-Appellants.

April H. Pullium (argued) and Ramya Ravindran , Bredhoff & Kaiser PLLC, Washington, D.C., for Defendants-Appellees Amalgamated Transit Union International, James Lindsay III, Lawrence Hanley, Antonette Bryant, Terry Richards, Carolyn Higgins, Keira McNett, Daniel Smith, Tyler Home, and Richie Murphy.

Laurent R. G. Badoux (argued), Buchalter, Scottsdale, Arizona, for Defendants-Appellees Keolis Transit America Inc. and Kevin Manzanares.

Efren A. Compeán (argued) and Stephen J. Tully , Garrett & Tully PC, Pasadena, California, for Defendants-Appellees Miller Kaplan & Arase LLP, Ann Salvador, and Alexander Chernyak.

Before: William A. Fletcher, Paul J. Watford, and Daniel P. Collins, Circuit Judges.


OPINION

OPINION

These consolidated appeals arise from two overlapping suits challenging a national union's imposition of a trusteeship over one of its local unions. After discovering apparent financial malfeasance by Jose Mendoza, then president of Local 1637, the Amalgamated Transit Union ("ATU") imposed...

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