when you're honest hearing process to appeal to the district court's decision to have this dismissed my pet petition complaint against both defendants with prejudice the primary goal of my petition is to acquire copies of my union agreements in the instant action i have not demanded that in units in force those agreements and my understanding is that the unions had copies of these agreements in two thousand and seven and twenty ten as discussed in my complaint paragraph thirteen to eighteen the issue giving rise to the petition is that i have not been adequately compensated or not compensated a others have been compensated in my place for my work the purpose of my complaint is to be made whole for a wage that left of my pension contributions that is caused ongoing theft of majority of the monthly pension benefits actually earned by me from my work as a new york member of both unions for more than forty years the new york recording agreements i seek pursuant to thirty want to see our work records in connection professional artistic services rendered in new york substantively i argue that the new york agreements i seek are property and new york substantive law pursuant to thirty one zero two c is appropriately in vote for preschool suit discovery procedurally i invoke federal rule twenty seven in order to command preserve and protect those agreements that were required to be filed at four different departments of each union pursuant to union bylaws and as stated on individual greenman stem cells the union's collective bargaining agreement terms are assumed in each recording agreement without those terms assume those agreements would have no force and effect it would merely be lists of names and numbers without obligations my position is that union agreements are new york contracts and they are collective bargaining agreements either way i  section five zero one this court road in girton via adams aarons one nine hundred sixty four a simple reading of that section shows that it applies to fiduciary responsibility with respect to money or property of the consider that it is the duty of the unions pursuant to five on one day to hold its money and property solely for the benefit of the organization and its members if the studio is violated pursuant to five zero one  and the labor organization fails refuses to sue or recover damages or secure an accounting after being requested to by any member of a labor organization such member maysoon a district court as i have done here in order to acquire and secure the information needed to be made whole from my wages and pension benefits importantly i would not be the only beneficiary in this because the unions enjoy a monopoly exemption in the clayton act in order to organize to represent and to advocate for their members my stated purposes are consistent with the union's mission because when thieves and sham imposters are exposed the unions benefit the integrity of the unions upheld and reinforced and the union pension funds that are often in critical status will be unburdened by those quote from twenty nine u s c four eleven section one hundred one for no labor organization shell limit the right of any member there of to institute an action in any court or in a proceeding before an administrative agency irrespective of whether or not the labor organization or its officers are named as defendants or respondents in such action or proceeding but my humans are fighting me here my union should be fighting for me my pension has been stolen this is an evil and if the unions will not produce my agreements my pensions cannot be reconciled and i cannot be fully accounted for my lost wages and intellectual property funds that account now to musicians and singers for global uses of the masters i created will never be accounted to me that is a consummate i never agreed to work for free and the thirteenth amendment of the u claim that ms bryant brought against and i bet the shorthand to sag aftra is identical to the claim that was also against fraud against the musician's union the american federation of musicians its councils in the room but i have i've won the coin toss and i've gotten all ten minutes help not to take that much time but the arguments i make are not only behalf of my client but hopefully we're down to the benefit not to the detriment of the issue of whether the union has contract well we're here statutorily i'm sorry in terms of matter of procedure the allegation in the complaint is the union does not have my contracts i was told in the summer of two thousand and thirteen there are that we could get this ma our contracts that are you willing to supply them to her whether or not she states a rule twenty seven play a very different question and she's got a tough burden on that but i'm just looking to see of whether this could be resolved i appreciate that your honor my information is no different than the allegations of the complaint that she's looking for over two thousand recording contract spreading a period of twenty to thirty to forty years the union simply does not have those contracts that is correct and that's that's a sure that you're making after having searched well i did not conduct a search i can only say that my client reports that they do not have to contract i can report that independent of the just just so we're clear because there's this is a little slip enos here that there was a difference between a personal recording contract and a collective bargaining agreement and there's also with all due respect in ms bryant in her reply brief talks about an elephant in the room and i think we have to talk about which room we're in right and i'm sure no one is here is happy if ms bryant has been robbed of a pension or complained suggested a business partner was falsely reported his wife as performing the services in getting the benefits but i'm here on behalf of the union this isn't a pension claim because the pension claim to go against the part if you the employer that didn't pay the question is have haven't done everything that you yet whether these contracts exist anywhere and this member hold on second i remember in email or something saying we don't have your contracts maybe they're with the international and and so have you at least try to find them in all the possible sources both unions well i can only speak with respect to sag after and you're on i think where you were for him to was an email that was to local eight o two regarding the international  take no pleasure in litigating cases that don't need to be litigated i take no pleasure in any employee not getting everything they're entitled to right but and having said and having said that and the question is i am i am representing i can only represent what  told me they do not have the contract six it's the normal practice of the union to maintain its members contracts i ask this question out of ignorance i don't know if that's what you normally do for your members there there is as mr bryant alleges there is a practice of when individual members enter into individual performance contracts copies of those individual performance contracts which are going to say this contracts for her and you don't have any of them i mean you know if it we were talking about two contracts and you've had a fire and they got lost i understand that but we're talking about thousands of contracts and you're representing that there are none for her to me what happened given the procedural status of the case we have not explored what happened to the contract so i can only say that i mean i've asked my client do you have the contract say say no i said have you looked everywhere they say we've looked everywhere it's a it's a bigger problem than just ms bryant about the missing contracts it's not as if we have every single performance contract except the ones that ms bryant is looking for it is a it is a problem and the problem is given that is a problem giving us a problem that was identified more than six months before she filed a lawsuit arguably a year before she filed a lawsuit whether she can misuse under the guise of i want justice because that's her complaint about what the court did with rule twenty seven that it just doesn't it she doesn't understand how the court interpreted rule twenty seven as preventing spoil ation argument on rule twenty seven but i was just asking whether  discovery i thought that was part of your argument for why why rule twenty seven relief should be granted my or my if i misspoke if ms bryant has he filed other actions relating are misunderstood question i thought the question was is there other action involving the union with respect to the missing records and the answer is no i understand that there might want to know if for them because of her record i also just want to say that this is not only is the second half of her claim is well if you're not going to give me the records because it's astounding that you've lost two thousand records well in each unit you give me a million dollars because i've been harmed again that is that claim is going to be governed by the duty for representation the duty for petition has a very narrow statue of limitations of only six months by her own admission she knew about the no you can't revive a still far claim by continuing to ask over and over and over the final effort ms bryant brings is to try to recast her entire complaint as an l m r d a claim under labor management reporting service contracts that she signed and presumably she would have kept a copy but she's looking for the personal service contracts and there's no case law supporting the argument that one of four of the elem or a da requires the union to produce copies of personal service agreements and then finally with respect to the five zero one the court this court has indicated very clearly that the scope of five one is a lot more narrow than other circuits of approach that the future due to claim has to be respected specifically with respect to property to money and the remedies under five hundred one or the return of the money and property that officers misused getting returned to the union ms bryant is not looking for the return she's not bringing  the individual officers seeking to have them returned to the union property that they took she's looking to have the the property given directly to her and that's contrary to the section five  can use the rest of your time for a bottle showed me that my address was changed and that i was not credited at all on three major years of my businesses and that i was depleted in other years in my business i've only paid single scale instead of six times scale so that's the i don't know if you want to respond to that concern but i do want to just flag for you that even though we pressed council on being able to produce these for you it may be difficult to say that you're entitled to them under rule twenty seven new york's substantive law to this diversity case and you also say that in matters of procedure the federal law governs but then you go on to say to cite guest perini versus a center for the humanities inc supreme court one thousand and ninety six that decided federal courts sitting in diversity apply state substantive law and federal procedure law so that's on that basis i move forward on it and the discovery rules yes and i can tell you that i can get a collective bargaining agreement anytime i believe they're online but they will not tell me who got paid for arrangements and orchestrations that i did you still have some of your royalty actions pending against other parties yes and not has to do with my services as a musician and performer has to do with my service as composer which is another i write songs to and so these contracts are not relevant to that no not at all  subset of agreements that i've asked for those those shows of the transformers g i joe my little pony jam shows that have been licensed for since i wrote them for the music thirty five years ago or thirty years ago and the  and then went on for so many years but i live in new york where i live in florida and have you looking for contracts relating to those songs absolutely that's a subset i asked the court to witness and in that case i want to give you legal advice but you might be able to serve subpoenas them and get some advice from the pro se clerk's office in the southern district of new york ok they usually yell at me if they do that anyway these are very important and i don't have them tell them that the country i don't understand why i said in the end for them would have lost their tossed these two hundred agreements that represent world famous shows that are licensed constantly all over the world they're worth a fortune and they're worth residuals i have two singers back here who who sang on these shows and and they're not being paid i mean so nobody is being paid because a union i asked them to help and they don't i just want to say that advisement and we'll get you a decision as soon as we can thank you you have to come to the microphone or we won't have a recording as i do not want to spend any more time on this i know you have other cases i represent a local a two two and i'm also of counsel to the f m and i wanted to address very briefly the issue the search for the records we have a file room in our basement with boxes boxes it is overflowing with boxes filled with contracts personal recording agreements and the such i conducted a search for the records along with one of the secretaries and we found maybe about fifty or sixty of them which had been produced the others are gone these are paper files and boxes do occasionally get destroyed there's only so much room so we we conducted it by their read their own search for that we could not i'm not here we caught your name on the recording and since you are kind enough to make a representation is too personal search i think that would be helpful so yes you're on harvey s mars and the law office of harvey s marrs new york and i represent locally due to a m