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

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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