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Fugazy International Travel Group Inc. v. Stargazer Ltd.

Court denies dismissal motion of defendant who may have maintained managerial status.

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Judge Martin

UNITED STATES v. LOCAL 1804-1, INTERNATIONAL LONGSHOREMEN?S ASSOCIATION —s; On January 3, 1992, Local 1588 of the International Longshoremen’s Association (“ILA”) entered into a consent decree with the United States of America, which permanently enjoined its current and future officers, agents, representatives, employees and members from “engaging in conduct which constitutes or furthers an act of racketeering activity .[and] knowingly associating with any member, associate or other individual involved in a La Cosa Nostra Organized Crime Family or any other organized crime group .” By the Union’s own admission, from the date of the signing of the decree, officers of Local 1588 blatantly and repeatedly violated the terms of the consent decree. As a result of these violations, the Government seeks a modification of the decree’s permanent injunction to provide for the appointment of an Administrator to govern the affairs of the Local. The Union opposes the application, arguing that the Court lacks the power to impose such a drastic remedy and, in any event, there is no need for a Court appointed monitor because the International has appointed its own Trustee to operate the Local.

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