IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STEEL, PAPER AND

FORESTRY, RUBBER,

MANUFACTURING, ENERGY, ALLIED

INDUSTRIAL AND SERVICE

WORKERS INTERNATIONAL UNION,

AFL-CIO/CLC and JAMES KILBORN

in his capacity as

Administrator of USW Local

8378,

Plaintiffs,

v.

JOSEPH J. MUNGER, SR., and 

LEE FRAKES,

Defendants.

3:15-CV-00955-BR

 

TEMPORARY RESTRAINING

ORDER

ROBERT H. LAVITT

Schwerin Campbell Barnard Iglitzin & Lavitt LLP

18 W. Mercer Street, Suite 400

Seattle, WA 98119

(206) 285-2828 

LEON DAYAN

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BRUCE LERNER 

THOMAS W. PEREZ-LOPEZ

Bredhoff & Kaiser, PLLC

805 15th Street N.W.

Suite 1000

Washington, DC 20005

(202) 842-2600 

Attorneys for Plaintiffs

BROWN, Judge.

This matter is before the Court on continued proceedings

related to Plaintiffs’ Motion (#13) for Temporary Restraining

Order. 

Plaintiff United Steel Workers International Union (USW)

placed Local No. 8378 into trusteeship and appointed James

Kilborn as Administrator of the Local. Defendants Joseph Munger

and Lee Frakes, whose status as officers of the Local was

suspended in the process, disputed the validity and grounds for

the USW's actions and removed certain files from the Local's

offices to an offsite storage facility inaccessible to the

Administrator and to rank-and-file bargaining union members

seeking access through the Administrator.

Plaintiffs moved for temporary injunctive relief seeking,

among other things, an order from this Court requiring

Defendants’ return of the records and property of the Local to

Plaintiffs immediately. 

On June 12, 2015, the Court granted in part Plaintiffs’

Motion for Temporary Restraining Order and set further

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proceedings on June 24, 2015.

On June 24, 2015, the Court heard further argument on the

Motion for Temporary Restraining Order and, among other things,

directed the parties to confer concerning a form of order

amending and continuing the Temporary Restraining Order until

further order of the Court.

On July 9, 2015, the parties submitted competing forms of a

Modified Temporary Restraining Order. After reviewing the

parties’ proposed Orders, the Court enters the following Modified

Temporary Restraining Order:

1. Bank Accounts. Defendants are ordered to immediately

take all necessary steps to return exclusive control of and

signing authority for Local 8378's bank accounts to the

Administrator.

2. Preservation Order. The Court recognizes a dispute 

remains as to whether certain records stored on Defendants'

personal electronic devices constitute union property rather than

Defendants’ personal property. The Court declines to address or

to decide the issue of ownership of the disputed records at this

stage of the proceedings in light of the ongoing administrative

process related to the underlying dispute in this matter. At

this time the Court orders Defendants to preserve and not to

delete or to destroy any electronic or physical files in

Defendants' possession, including electronic files relating in

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any way to union business that may reside on personal laptops, in

storage, or on mobile devices. 

3. Temporary Restraining Order. The Temporary

Restraining Order issued by the Court on June 12, 2015, shall

continue in effect until further order of the Court. Any party

may present a motion to terminate the Temporary Restraining Order

for good cause at any time. 

The Court DIRECTS the parties to submit a joint status

report no later than July 17, 2015.

IT IS SO ORDERED this 10th day of July, 2015.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

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