Don Adams Update: Teamsters File Motion to Recover $62,673.46 in Fees and Costs

U.S. District Court for the Eastern District of Pennsylvania | September 18, 2003 | Thomas H. Kohn

[Physicist]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

DON ADAMS, ET AL.,      PLAINTIFFS      v. TEAMSTERS LOCAL 115, ET AL.,      DEFENDANTS

CIVIL ACTION NO. 99-CV-4910

 

MOTION FOR ATTORNEYS FEES AND COSTS
ON BEHALF OF TEAMSTERS LOCAL 115

Defendant Teamsters Local Union No. 115, by and through its attorneys, Markowitz & Richman, pursuant to 42 U.S.C. § 1988, hereby moves for an award of attorney's fees and costs, and states in support thereof as follows:

1. Plaintiffs Don and Theresa Adams initiated this civil action pursuant to the Civil Rights statutes of the United States, 42 U.S.C. §§ 1983, 1985(2) and (3) and 1986.
2. Among the various defendants was Teamsters Local Union No. 115.
3. On January 24, 2001, the court entered on Order dismissing all but one of Plaintiffs' federal claims, retaining only their claim for violation of their freedom of speech.
4. On August 6, 2003, the court granted Local 115's motion for summary judgment as to that sole remaining federal claim.
5. At all times, Plaintiffs' federal claims were frivilous, unreasonable or without foundation.
6. As a prevailing defendant, Local 115 is entitled to an award of attorney's fees as part of its costs. 42 U.S.C. § 1988(b).
7. Prior to completing its bill of costs and the instant motion, Local 115 had incurred $60,510 in attorney's fees in defense of Plaintiffs' civil rights causes of action, and its costs were $2,163.46.

WHEREFORE, Local 115 moves for an award of attorney's fees and costs.

Dated:9-18-03

Respectfully submitted,     (signed) THOMAS H. KOHN MARKOWITZ & RICHMAN 1100 North American Building 121 South Broad Street Philadelphia, PA    19107 (215) 875-3129

[Physicist]

It gets worse, folks. The Teamsters have filed a motion to be granted $62,000 in costs against Don and Teri Adams. This is on top of about $40,000 they may be on the hook for to Judicial Watch. (Incidentally, Larry Klayman parted ways with JW this week.) Don and Teri fairly have the wolf by the ears, now. As hard as it is for them to hang on, and as much worse as the situation looks to become, they don't dare let go. The only hope is to win, somewhere, somehow.

Recent articles:

Summary of the 8/6/2003 Don Adams Decision, U.S. District Court

Anti-Clinton Protesters Lose in Suit Against Rendell

---

REMEDIAL SECTION:

Who-what-where:

There was I time on FreeRepublic when I didn't have to introduce the topic of Don Adams. Other than Whitewater, it was FreeRepublic's first cause celebre.

In as few words as I can bear to muster, this is what happened. On October 2, 1998, Don and his sister Teri were beaten by members of the Teamsters Union for the crime of protesting against Clinton in Philadelphia.

(I myself had been attacked by the same mob earlier in the day, and I witnessed the Adams incident. I reported the events on FreeRepublic. In response, Jim Robinson called for a march on Washington, DC, which drew 5000 people on October 31, 1998.)

The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters (Kevin McNulty and Marc Nardone), along with Teamster Local 115 boss Johnny Morris. In response, the Teamsters filed charges against Don Adams. McNulty and Nardone copped a plea and got probation. Morris walked. Don Adams was subjected to the indignity of a trial, and was acquitted in July, 1999. Meanwhile, three other Teamsters were identified from video: Charlie Davis, Mark Hopkins, and Norma Bottomer. Don and Teri Adams filed another private criminal complaint, to which the defendants copped pleas and received probation.

In November of 1999, IBT President James Hoffa ordered that Teamsters Local 115 be placed into trusteeship, and that Johnny Morris be stripped of his powers, partly as a result of the Adams beating incident. Morris contested this bitterly until the end of his life.

The civil phase has been lurching along slowly since the end of the criminal phase.

Why you should care:

It is the business of Freepers to exercise our rights under the First Amendment. When we talk back to power, we have an expectation of being secure in our persons, in our property, and in our liberty. If Don and Teri Adams lose, none of these expectations are valid. It will mean that the men in power can silence us at will, without serious consequences. Five foot-soldiers of the totalitarians have received probation. That's something. But unfortunately Don and Teri have been made to pay a long series of terrible prices over the last five years, and much more lies ahead. I expect it to get worse for them before it gets better.

Would YOU be up to it?

---

LINKS:

The Don Adams Page is now defunct, but a version of it remains cached on archive.org (Warning: slow to load).

Civil Case:

My Affadavit For The Don Adams Civil Case

My Subpoena From Teamsters Local 115 (Don Adams Case)

Rendell Threatens to Walk During Deposition

Johnny Morris criminal case:

Court KOs Activist in Fight with Morris [DON ADAMS UPDATE]

DON ADAMS PRESS RELEASE: Criminal Complaint Against Teamster Leader John Morris Dropped

Davis, Hopkins, Bottomer criminal case:

Teamster Trio To Be Sentenced Today For Beating Clinton Protesters

Teamsters Sentenced to Probation in Adams Beating Case

3 Teamsters are Sentenced for Roughing Up Protester

McNulty and Nardone criminal case:

Pretrial hearing of Kevin McNulty and Marc Nardone, on February 10, 1999. Part 1  Part 2  Part 3  Part 4

[Physicist]

Ping.

[Physicist]

Ping.

[Physicist]

Ping.

[Physicist]

Ping.

[EternalVigilance]

Thanks for the update. It's a continuous outrage.

[Alamo-Girl]

Jeepers... Thanks for the update!

[Xenalyte]

I can't believe they beat up Agent 86!

[Physicist]

Ah, that explains why they think the suit is frivilous. Mistaken identity!

[Humidston]

When I saw this title, my heart stood still.

Why, why, why can't some conservative attornies step forward and help these people fight the good fight!!!??

Libs have law firms coming out of their ears and they're all killing us, inch by horrendous inch - eating away at our freedoms!

Don and Terri... My prayers for you both. This is a moral outrage. Just an outrage!

[RJL]

I thought Don and Terry were winning in court, how can the Teamsters hope to collect if they are guilty?

Can you post more information?

Thanks.

[DeSoto]

This is heartbreaking news. The legal system in this country is so fouled up that the victims are made to suffer additional economic damage and stress because shyster lawyers are allowed to file outrageous claims like this.

I didn't think that I could have any lower opinion of the legal profession than I did before, but this action has exposed lower depths than I previously thought existed.

Despicable!!!

[RadioAstronomer]

Thanks for the update my friend. Sigh.

[Victoria Delsoul]

Thanks for the update, Physicist.

Bump!

[AAABEST]

Jeez, talk about a blast from the past.

I don't get it. What are the Adams' liable for, and why are they getting sued for $40,000?

[Physicist]

Those were the criminal cases. This is the civil case. With evidence as strong as there is in this case, who thought that the Teamsters could win? But Ed Rendell said it himself: the Teamsters control the courts.

As for more recent information, click on the two "recent articles" links, just before the "remedial section", above.

Much more information about this case is going to break soon.

[TheConservator]

The motion you have posted asks for fees and costs on the grounds that the action is frivolous. That means the case when filed was not well grounded in fact, or supported by existing law or a good faith argument for the modification or extension of existing law.

In my experience, it is very rare for a court to award fees on this basis.

In the Ninth Circus (the Court before which I sometimes practice), not only do you have to show the above, but you also have to show that you wrote the plaintiff a letter specifically pointing out why the lawsuit is frivolous, and asked the plaintiff to withdraw its complaint, before the case is dismissed. If you don't do this first, the Court will not even consider a motion for fees on this basis.

It seems unlikely that the Court would award the fees the Teamsters have requested, particularly if this is all there is to the motion. But I would be interested in seeing the original complaint.

[Physicist]

I don't get it. What are the Adams' liable for,

In this particular instance, they would be liable for the costs incurred by Teamsters Local 115, on the grounds that the lawsuit is frivilous. I stress that this motion has just been filed, and they have not yet been awarded those costs.

and why are they getting sued for $40,000?

Well, they aren't being sued for that, not yet, anyway. Judicial Watch had a falling out with Don and Teri Adams late last year (actually, after the Summmary Judgment arguments were presented, which the Teamsters ended up winning last month). Afterwards, Judicial Watch expressed a desire to collect $40,000 in costs that they claim were spent on Don and Teri's defense. (They initially claimed, $240,000, but the judge limited the claim to $40,000.)

[Bonaparte]

It's a sad sad season when a court orders you to pay for the privilege of getting beat up by teamster thugs.

[Chad Fairbanks]

Bttt

[LoneRangerMassachusetts]

Those were the criminal cases. This is the civil case. With evidence as strong as there is in this case, who thought that the Teamsters could win? But Ed Rendell said it himself: the Teamsters control the courts.

Phone calls in the dark of night to jurors will often do it.

[martin_fierro]

Why, why, why can't some conservative attornies step forward and help these people fight the good fight!!!??

Say what you will about the ACLU, but I've never seen them treat a client as shabbily as Judicial Watch did the Adamses here.

[Mo1]

But Ed Rendell said it himself: the Teamsters control the courts.

Sad .. but true

[demnomo]

Teamsters are organized crime thugs. They are the Democratic Party's muscle. They are an evil entity.

The Teamsters beat up some pro-recall people here in CA recently. It was filmed by a news crew. As far as I know, nothing was done about it.

TEAMSTERS=BROWN SHIRTS

[Michael.SF.]

The Teamsters beat up some pro-recall people here in CA recently

I saw the tape. 'beat up' is an over statement. I would say they were 'pushed around' or 'jostled with.'

[Humidston]

I suspect if all FReepers were to contact JW and demand a refund of monies donated during the Clinton years, we could easily cover their debt of $40,000.

How DARE they try to screw over two loyal FReepers!

[CounterCounterCulture]

Sickening. The nightmare continues.

[demnomo]

Even so the thugs should not have touched them.

Most Union guys that I have known were bullies and creeps. I used to live down the street from one decent Union man. He hated the Union, but had to join and pay dues to work. He said that the Unions did hire muscle to push people or companies around. He was told to vote Democrat. He voted Republican.

[Travis McGee]

Calling All Lawdogs!

[anymouse]

Wish I could do more to help Don and Terry. At least I can bump this thread so other FReepers can know about this outragious injustice.

[Aracelis]

Aww, heck. A-G, don't we have some lawyers on FR? Maybe they deserve a pro-bono ping!

[jimkress]

Given the criminal convictions, how can the civil suit be determined to be frivolous?

[Alamo-Girl]

Indeed. There are a lot of attorneys who post on Free Republic. I'm not sure whether any of them are in the right area to be able to help, but I'm pinging Congressman BillyBob because he might know someone.

[connectthedots]

YOu are obviously referring to FRCP 11. It's not just applicable to the 9th Circuit.

[Imal]

It seems the courts are not always the best place to seek justice.

[ppaul]

[backhoe]

Dated, but here's what I have:

http://web.archive.org/web/200 00614012750/http://www.ijot.co m/DonAdams/index.htm

http://web.archive.org/web/*/h ttp://ijot.com/DonAdams/index. htm

Teamster Trio To Be Sentenced Today For Beating Clinton ...
... and conspiracy, for the October 2, 1998, mob beating of Clinton protestors Don
Adams, and his sister, Teri Adams, during a presidential fundraising trip to ...

Thank You Rush Limbaugh (Rush discussed Don Adams,John Morris ...
... Thank You Rush Limbaugh (Rush discussed Don Adams,John Morris, Freepers&Fund'sWSJ
11-26 Article)!! Crime/Corruption Announcement Keywords: LIMBAUGH,ADAMS,MORRIS ...

Three More Teamsters Plead Guilty In Don Adams Case [Free ...
... Three More Teamsters Plead Guilty In Don Adams Case Crime/Corruption News Source:
Self Author: Teri Adams Posted on 09/12/2000 12:12:17 PDT by TAdams8591. ...

Three MoreTeamsters Plead Guilty in Don Adams Case,Thread 2! ...
... Three MoreTeamsters Plead Guilty in Don Adams Case,Thread 2!! Crime/Corruption News
Keywords: ADAMS,TEAMSTERS, JOHN MORRIS Source: Self Author: DonAdams Posted ...

Bill & Hill's Pal Union Boss Arthur A. Coia Forced To ...
... The Don Adams Defense Fund. PO Box 306. Cheltenham, PA 19012. 11 Posted
on 10/01/1999 20:13:47 PDT by po'boy [ Reply | To 8 | Top | Last ] ...

Last of the Molly Maguires (ATTENTION!! re:The Man who had ...
... Last of the Molly Maguires (ATTENTION!! re:The Man who had Don Adams Assaulted--TAdams8591)
Crime/Corruption News Keywords: JOHN MORRIS, DON ADAMS Source: Time ...

Of Guns and Goons [Free Republic]
... Teamster beatings at the anti-Clinton rally was to press assault charges against
Don Adams, one of the protesters who was beaten up; Mr. Adams ultimately was ...

[Brian Allen]

More evidence that what used to be our Nation's courts are, post the traitor, FD Roosevelt's, new scam, in the hands of activist agents of the manifestation of evil that is the modern "DemocRATic" party -- and that our President and Armed Forces Commander-In-Chief, George Walker Bush, must not be allowed to be thwarted in his bid, by replacing them with Constitutionalists, to rid the Nation's benches of insidious-evil's activist agents posing as "judges"

BTTT!

[Brian Allen]

More evidence that what used to be our Nation's courts are, post the traitor, FD Roosevelt's, new scam, in the hands of activist agents of the manifestation of evil that is the modern "DemocRATic" party -- and that our President and Armed Forces Commander-In-Chief, George Walker Bush, must not be allowed to be thwarted in his bid, by replacing them with Constitutionalists, to rid the Nation's benches of insidious-evil's activist agents posing as "judges"

BTTT!

[Brian Allen]

More evidence that what used to be our Nation's courts are, post the traitor, FD Roosevelt's, new scam, in the hands of activist agents of the manifestation of evil that is the modern "DemocRATic" party -- and that our President and Armed Forces Commander-In-Chief, George Walker Bush, must not be allowed to be thwarted in his bid, by replacing them with Constitutionalists, to rid the Nation's benches of insidious-evil's activist agents posing as "judges"

BTTT!

[Brian Allen]

More evidence that what used to be our Nation's courts are, post the traitor, FD Roosevelt's, new scam, in the hands of activist agents of the manifestation of evil that is the modern "DemocRATic" party -- and that our President and Armed Forces Commander-In-Chief, George Walker Bush, must not be allowed to be thwarted in his bid, by replacing them with Constitutionalists, to rid the Nation's benches of insidious-evil's activist agents posing as "judges"

BTTT!

[Brian Allen]

More evidence that what used to be our Nation's courts are, post the traitor, FD Roosevelt's, new scam, in the hands of activist agents of the manifestation of evil that is the modern "DemocRATic" party -- and that our President and Armed Forces Commander-In-Chief, George Walker Bush, must not be allowed to be thwarted in his bid, by replacing them with Constitutionalists, to rid the Nation's benches of insidious-evil's activist agents posing as "judges"

BTTT!

[PGalt]

Thanks for the update and links. Outrageous! McNulty, Nardone, Morris, Davis, Hopkins and Bottomer should be in the deck of "domestic enemy" playing cards. Any pictures of these lowlife, anti-freedom, scumbag thugs?

[L.N. Smithee]

Every time I see that pig Rendell on TV, I think of the Adamses, and the pummeling that occurred after that hat was plunked on Don's head, and how Rendell did everything he could to make sure they would get away with it.

[snopercod]

If one wanted to donate some money, how would he/she do that?

[RJCogburn]

Thanks for the ping.

There once was a 'Don Adams defense fund" or something like that to which I was a modest contributor. Is it still around?

Didn't erstwhile FReeper 'Clarity' help out in this case as an attorney? Even though he parted ways with FR perhaps he could still help in some way.

Good luck to the Adamses.

[Physicist]

There once was a 'Don Adams defense fund" or something like that to which I was a modest contributor. Is it still around?

Not currently. It had been established to defend Don when he was prosecuted, and as such it was a success, but when he was acquitted the fund was closed. I do think that something should be done along these lines, but at best it would only generate a small fraction of what's required.

Didn't erstwhile FReeper 'Clarity' help out in this case as an attorney? Even though he parted ways with FR perhaps he could still help in some way.

He did, and he was a tremendous help. If he's reading, or if someone knows how to contact him, I'd appreciate hearing from him. I'd like to talk to him about the case.

[WL-law]

While there isn't enough info posted here (i.e., the full summary judgment decision) and in the links to get a full picture of the present disposition, the following is likely:

1) Filing a motion to collect one's legal fees does NOT mean that the party filing wins or is likely to win. Anyone can file a motion. It's a form of intimidation, a shot fired across the bow, so to speak. The statements in many posts here reflect a misunderstanding and show that such intimidation works, i.e., it intimidates. Don't be fooled. This motion will NOT succeed.

2) The reason it won't succeed is that the dismissal of the conspiracy case only infers that the plaintiff failed to show enough facts about Rendall's state-of-mind in his communications with the Teamsters, i.e., that Rendall was not alleged with supporting facts to know beforehand that the teamsters would resort to violence. The Teamsters, on the other hand, are and remain a liable party directly. As such, they do not come to the court with clean hands, there has been no final disposition as to their civil liability to the Adams's, and there are already criminal findings against their members individually. That would seem to easily overcome a threshold of "legal seriousness" and "legal sufficiency" sufficent to prove that the Adams' allegations are non-trivial and non-frivolous, which is enough to beat the Teamster's claim under discussion here.

3) Do the Adam's live in Pennsylvania? If yes, then no diversity jurisdiction exists to keep the claim in Federal court, once the civil rights based claims were dismissed. So they will have to pursue the assault and battery claims in state court. But dismissal from Federal court does NOT mean that the federal court has ABSOLVED the teamsters of wrongdoing. It simply means that the limited federal jurisdiction for those matters is ended, and the matter belongs in state court.

[aristeides]

If memory serves, the Adamses live in New Jersey.

Did the federal district court judge issue an opinion explaining the dismissal?

I believe Rendell's wife is a judge on the Third Circuit.