Full opinion text
MEMORANDUM OPINION AND ORDER MARK FILIP, District Judge. Plaintiffs Horacio Vazquez, Hermes Ruiz, Jeffery Keating, and Kevin Kane filed this action against Defendants, Central States Joint Board (“CSJB”), International Union of Allied Novelty and Production Workers (“International Union”), Mark Spano, Steve Torello, Benny Castro, Mike Flynn, Frank Olvera, John McDon-ough, Rocco Miranti, Kathleen Rodriguez, Antonio Patino, Johnny Miranti, William Widmer, John Ward, and Greg Auteri. (D.E.97.) Plaintiffs bring Counts I, IV, VI and VIII under Sections 101(a)(1) and 101(a) (2) of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 411(a)(1), 411(a)(2). Counts II, V, VII, and IX are brought under Sections 101(a)(5)(C) and 609 of the LMRDA, 29 U.S.C. §§ 411(a)(5)(C) & 529, and Section 301 of the Labor Management Reporting Act (LMRA), 29 U.S.C. § 185. Counts III and X are Illinois state law contract claims brought by Vazquez and Kane, respectively, under the CSJB Employment Manual and the International Union Constitution (IUC). Count XI is brought pursuant to the Racketeer Influenced and Corrupt Practices Act (RICO), 18 U.S.C. §§ 1962(c) & (d), 1964(c). Defendants have filed motions to dismiss. For the reasons stated below, the motions to dismiss are granted in part and denied in part. Specifically, to the extent and as explained below, Plaintiffs’ claims under LMRDA Section 101(a)(1) are dismissed with prejudice, Plaintiffs’ claims under LMRDA Section 101(a)(5) are dismissed in part without prejudice, Plaintiffs’ civil RICO claims are dismissed without prejudice, Plaintiff Kane’s state contract claim is dismissed without prejudice, and the Plaintiffs’ various other state law claims are dismissed in part as explained. The motions to dismiss are otherwise denied. FACTUAL ALLEGATIONS The factual allegations related below are taken from the Plaintiffs’ Second Amended Complaint. (D.E.97.) The Court relates the allegations as set forth in the operative complaint, as precedent directs. The Court takes no position as to whether any of the allegations are in fact true. That factual evaluation will await further stages in the proceedings as to appropriate claims. I. The Parties and Organizations Involved in this Action International Union is a labor organization that is comprised of subordinate bodies of Joint Boards and Local Unions, including the CSJB and Locals 12,16,18, 24, and 30 (the “Five Locals”). (D.E. 97 ¶¶ 25-30.) International Union’s General Executive Board (“International Board”) controls the International Union. (Id. ¶ 32.) Spano, Torello, Patino, Castro, Flynn, Johnny Miranti, and Rocco Miranti are all members of the International Board. (Id. ¶ 33.) As a subordinate body, the CSJB is subject to the provisions of the Constitution of the International Union (“IUC”). (Id. ¶ 36.) Likewise, the Five Locals are controlled by the CSJB pursuant to the JUC and the CSJB Constitution. (Id. ¶ 41.) Under the provisions of the CSJB Constitution, the CSJB Executive Board controls the CSJB. (Id. ¶43.) The members of the CSJB Executive Board are President Spano, Secretary-Treasurer Torello, and Vice Presidents Castro, Flynn, Olvera, McDonough, and Rodriguez. (Id. ¶ 44.) All Local Unions and Joint Boards are chartered by and subordinate to the IUC, which is intended, among other things, to provide for democratic institutions and procedures, and to extend civil rights and liberties to its members. (Id. ¶¶ 64-65.) The IUC provides that the governing body of the International Union is the General Executive Board. (Id. ¶ 66.) The IUC provides that the International Union’s President has the power to investigate subordinate bodies and may place them in trusteeship to correct corruption and financial malpractice and restore democratic procedures. (Id. ¶¶ 69-70.) For any officer of a subordinate body against whom charges are brought, the IUC requires due process, including the right to have the Local Union’s Executive Board consider all evidence pertaining to the charge(s), and the right to appeal to the International Board. (Id. ¶¶ 72-73.) The CSJB Constitution provides that the CSJB President has complete supervision over the CSJB, subject to the approval of the International Board. (Id. ¶ 76.) Local 10’s Constitution provides that it shall comply with all provisions of the IUC. (Id. ¶ 79.) It states that no member shall be disciplined unless that member has been given a reasonable time to prepare his defense and afforded a full and fair hearing. (Id. ¶ 82.) It also provides that the accused shall be tried by Local 10’s Executive Board, and that no lawyer shall be permitted to appear on behalf of any person or entity. (Id. ¶¶ 84-85.) The CSJB Employment Manual provides that an employee shall have the right to grieve any decision affecting employment to a three-member board, consisting of the CSJB President, the President of the employee’s Local Union, and one other employee selected by the grieving employee. (Id. ¶ 88.) The decision of the three member board is binding and no other appeal is allowed. (Id.) All four Plaintiffs were terminated from the following union positions in 2004 (the “Terminations”). (Id. ¶¶ 11, 13-15, 17-19, 21-22.) Ruiz was a member and elected President of the International Union, the elected First Vice President of the CSJB Executive Board, the elected President of Local 24, the Servicing Director of the CSJB, a union appointed trustee of the CSJB Health and Welfare Fund and the Midwest Pension Plan (the “Funds”; see id. ¶ 3), and a union appointed Trustee on the International Union’s Pension Fund. (Id. ¶ 14-15.) Keating was a member and the Third Vice President of the International Union, the elected Secretary-Treasurer of the CSJB’s Executive Board, the elected President of Local 16, a union appointed Trustee of the Funds, the elected Chairman of the CSJB Health and Welfare Fund (the “Health Fund”), the appointed Plan Manager of the Funds, and the appointed trustee of the CSJB Staff Pension Plan. (Id. ¶¶ 17-19.) Kane was a member of the International Union, the elected Secretary-Treasurer of Local 24, and a CSJB business agent. (Id. ¶¶ 21-23.) II. Spano’s Alleged Scheme Plaintiffs allege that when Spano assumed the CSJB presidency in 2002, he “embarked on a systematic scheme to assert autocratic control over the Unions, eliminate any opposition to Ms authority, ... eliminate democracy within the Unions, and turn the Unions over to elements of organized crime.” (Id. ¶ 89.) Plaintiffs allege that Spano considered Vazquez, Ruiz, Keating, and Kane to be threats to him and the scheme because of their open opposition to Spano. (Id. ¶ 109.) Spano recruited CSJB Executive Board members and International Union Board members to participate in the scheme and to ensure that Vazquez, Ruiz, Keating, and Kane would not be able to oppose him or Ms scheme. (Id. ¶ 110.) Spano also recruited attorneys Widmer and Ward and accountant Auteri to assist him in asserting autocratic control over the Unions, to stifle dissent within the Unions, and to destroy democracy within the Unions. (Id. ¶ 111.) Spano allegedly began implementation of the scheme when he hired James Berti-no as a business agent on March 18, 2002, at a salary of $96,000 per year. (Id. ¶ 90.) The customary practice was to hire CSJB business agents at a salary of approximately $30,000 per year. (Id. ¶ 93.) Ber-tino had allegedly been removed from another labor organization because of Ms association with elements of organized crime. (Id. ¶ 91.) Spano and others have continued to hire associates of elements of organized crime since the 2004 terminations of Plaintiffs, by hiring Mike Christopher and Peter Aigulla, both of whom allegedly were removed from positions in other labor organizations because of their association with organized crime elements. (Id. ¶ 92.) Keating told Spano that he knew Berti-no was an associate of elements of organized crime and that Spano should not employ Bertino. (Id. ¶ 94.) Spano told Keating that he had hired Bertino because he had been told to hire him by “certain people,” and Spano allegedly threatened Keating by telling him that he had better wise up and do what he was told or “he would be History.” (Id. ¶ 95.) Keating understood that “certain people” were elements of organized crime, since Spano’s father, Paul Spano, and uncle, Mike Spano, allegedly were known members of organized crime. (Id. ¶ 96.) Fearing that Spa-no would put other associates of organized crime on the CSJB payroll, Keating called a special meeting of the CSJB Executive Board on March 28, 2002. (Id. ¶ 97.) At the meeting, the Board voted to restrict Spano’s ability to pay new CSJB employees excessive salaries. (Id. ¶ 98.) Spano allegedly was infuriated by this action, and after the meeting he allegedly threatened Keating by stating: “Don’t you understand who you’re f* * *ing with? I’ve been told what’s going to happen here and that’s that. Things have changed and you’ll either go along with the program or you won’t be here to stop it!” (Id. ¶ 99.) Keating, operating under the understanding that Spano was being controlled or influenced by organized crime, replied that neither Spano nor anyone else was going to steal the members’ money and that he would oppose any of Spano’s actions that were not for the good of the membership. (Id. ¶ 100.) Spano then allegedly threatened Keating by stating, “I’m not going to tell you this again: I’m the boss now and I make the decisions whether you like it or not. And if you don’t do what I say I’ll fire you!” (Id. ¶ 101.) In September of 2002, Vazquez and Kane openly questioned Spano regarding his decision to hire Bertino because of his association with organized crime elements. (Id. ¶ 102.) Vazquez and Kane told Ruiz that Bertino was a “ghost payroller” since he received a salary but did little or no work. (Id. ¶ 103.) Ruiz began an investigation into Bertino’s work performance. (Id. ¶ 104.) Spano blocked Ruiz’s investigation, telling Ruiz that he hired Bertino because he had been told to hire him by “outside sources.” (Id. ¶ 105.) Ruiz understood these outside sources to be elements of organized crime. (Id. ¶ 106.) When Ruiz told Spano that elements of organized crime were not going control the CSJB, Spano threatened Ruiz by telling him to wise up and do what he was told or “he would be history.” (Id. ¶¶ 107-108.) After the dispute over Bertino’s employment, Spano began attempts to take control of the Funds. (Id. ¶ 112.) Keating, the Funds’ Plan Manager, controlled the operation of the Funds on a day-to-day basis. (Id. ¶ 113.) Spano, by contrast, had no authority to hire Fund employees or be involved in the day-to-day operations of the Funds. (Id. ¶ 114.) In May 2002, Spano attempted to force Keating to hire the granddaughter of an allegedly known member of organized crime as an employee for the Funds. (Id. ¶ 115.) When Keating allegedly discovered that the person Spano was attempting to force him to hire was related to a member of organized crime, he told Spano that there was no employment position open. (Id. ¶ 116.) Spano told Keating that he did not have to hire this particular person because she had died, but in the future, when Spano told him to hire someone as a Fund employee, Keating had better do what he was told. (Id. ¶ 117.) Plaintiffs allege that it was the practice of the Funds to seek competitive bids for all service provider work that needed to be done. (Id. ¶ 118.) In April 2002, Spano attempted to force Keating, through threats of physical violence, to use certain vendors by ordering Keating to ignore the established bidding procedures of the Funds. (Id. ¶ 119.) When Keating blocked Spano’s attempts to circumvent Fund policies, to breach his fiduciary responsibilities, and to violate ERISA provisions, Spano threatened Keating by telling him “[y]our time is running out. Either get on the train or get run over by it!” (Id. ¶ 121; see also id. ¶ 120.) Plaintiffs allege that the CSJB Executive Board approved a proposal from Spa-no’s wife, Rona Spano, a paid representative of American Income Life, to mail material from American Income Life Insurance to all CSJB members. (Id. ¶ 122.) According to the Complaint, Ward told the CSJB Executive Board that the transaction was not a prohibited transaction under the Landrum-Griffin Act, when in fact it was. (Id. ¶¶ 123-24.) In February 2003, at a meeting of the Health Fund Trustees, Spano proposed that the Trustees hire dental service provider Comp Dent and have the Health Fund change its PPO provider to “a guy he knows in Oak Brook.” (Id. ¶ 125.) Keating openly opposed both of Spano’s proposals and the Trustees refused to take any action on the proposals. (Id. ¶ 126.) Spano later threatened Keating because of this opposition by telling him: “Our patience is running out! You had better do what you’re told or else!” (Id. ¶ 127.) Spano further stated: “You’ll not only be fired, but you will find yourself in a car trunk. You know that the guys who are calling the shots now can take care of business.” (Id.) Keating understood that Spano was allegedly referring to elements of organized crime, including allegedly Spano’s father and uncle, when he made the threats. (Id. ¶ 128.) Keating replied that he was not going to allow Spano to manipulate the Health Fund for his or anyone else’s gain. (Id. ¶ 129.) Ward allegedly took the minutes at this February 2003 meeting, and in an attempt to protect Spano, eliminated all references to Comp Dent, and eliminated “the guy in Oak Brook” reference. (Id. ¶¶ 130-31.) Because of Ward’s actions, Keating prevailed upon the Health Fund Trustees to replace Ward, Widmer, and their law firm with another law firm and to hire a court reporter to take all future minutes. (Id. ¶ 132.) In February 2003, Keating opposed and stopped Spano’s attempt to hire a person as a Health Fund and Pension Plan employee by telling Spano that he did not have the authority to do such hiring. (Id. ¶ 133.) Spano reiterated his alleged threats, while Keating responded that he was not going to let Spano destroy the union or the funds. (Id. ¶¶ 134-35.) Near the end of April 2003, Ruiz and Keating met with Widmer to discuss Spa-no’s unlawful activities and how Ward was assisting Spano to commit these alleged acts. (Id. ¶ 138.) Widmer allegedly agreed that Spano’s activities were improper, and promised to meet with Spano and Ward and straighten them out. (Id. ¶ 139.) After this meeting, Spano allegedly increased his threats to Keating. (Id. ¶ 140.) In May 2003, Keating convinced the Pension Plan Trustees to replace Wid-mer, Ward, and their law firm with another firm. (Id. ¶ 141.) When Widmer was informed of the loss of the pension plan as a client, he swore at Keating, allegedly stating “[y]ou don’t know what you have done.” (Id. ¶ 142.) In August 2003, Ruiz questioned the expenses revealed by an audit Defendant Auteri had conducted of Local 148, which was under trusteeship by the International Union. (Id. ¶ 143.) Ruiz believed that the salary and expenses of an employee of Local 148 were excessive, and cut the pay of that employee. (Id. ¶ 144.) A few days later, Spano allegedly informed Ruiz that his actions had caused elements of organized crime to become upset with Ruiz. (Id. ¶ 145.) Spano allegedly told him that if he traveled to New York to visit Local 148 he would be killed, which Ruiz believed to be a message relayed from organized crime. (Id. ¶¶ 145^46.) Ruiz then told Spano that since Spano was a friend of the elements of organized crime threatening Ruiz’s life, that Spano was now responsible for all expenses incurred by Local 148. (Id. ¶ 147.) On August 15, 2003, Spano proposed that the CSJB Executive Board approve another mailing of American Income Life to all union members. (Id. ¶ 148.) Keating told the Executive Board that he believed such a mailing would be a violation of the Health Insurance Portability and Accountability Act (“HIPAA”). (Id. ¶ 149.) As a result, based on the information supplied by Keating, the Board approved a mailing only to those members who were not participants in the Funds. (Id. ¶ 150.) In October 2003, however, there was a mailing of American Income Life Insurance literature to all union members, including participants in the Funds. (Id. ¶ 151.) This occurred because Spano allegedly provided the mailing names and addresses of Fund participants to his wife, even though Spano knew that such a mailing would violate HIPAA. (Id. ¶ 152.) Later that month, Keating mailed a notice to all Fund participants, informing them that the mailing was a violation of HIPAA. (Id. ¶ 153.) Spano reacted to this notice by threatening Keating with physical violence. (Id. ¶ 154.) On November 12, 2003, Spano received a letter from the Funds’ attorney James Va-nek, which stated that the mailing was a violation of HIPAA and a violation of ERISA, given the involvement of Spano’s wife as a soliciting party. (Id. ¶ 155.) However, on November 17, 2003, Ward informed the Funds’ Trustees in writing that the mailing was not a HIPAA violation, that no ERISA violation occurred, and he incorrectly pointed out that Keat-ing was the one who proposed the mailing. (Id. ¶ 156.) Keating subsequently discovered that the minutes of the November 2002 CSIB Executive Board meeting had been altered to incorrectly reflect that he made the motion to approve the mailing. (Id. ¶ 157.) In a January 21, 2004 meeting, Vanek noticed the minutes he had of the meeting did not match the minutes provided to Keating by Spano, the version that was referenced in Ward’s November 17th letter. (Id. ¶ 158.) III. Vazquez’s Discharge On August 4, 2003, after Spano had allegedly recruited other members of the CSJB and International Union Executive Boards to conspire in the scheme, he called Vazquez into his office. (Id. ¶¶ 160-163.) Ruiz was present when Vasquez came to Spano’s office. (Id. ¶ 160.) Spano told Vazquez that he had enough grievances from the members to terminate him, stating “[n]ow I’ve got you by the balls! You’ll either start doing things my way or you’re fired!” (Id. ¶ 163.) When Vazquez told Spano that he would not allow him to destroy the union by eliminating democracy and bringing in elements of organized crime, Spano stated “[djon’t you understand that I’m only doing what certain people are telling me to do!” (Id. ¶¶ 164-165.) Spano then swore at Vazquez and fired him. (Id. ¶ 165.) Vazquez interpreted “certain people” to be elements of organized crime, and Vazquez alleges that he was not really fired for poor work performance but for opposition to Spano and the scheme. (Id. ¶ 166-68.) After Vazquez left, Spano allegedly turned to Ruiz and threatened, “[t]hat’s what will happen to any motherf* * *er that gets in my way! Including you and Keating!” (Id. ¶ 170.) When Ruiz told Spano that he did not have proper grounds to fire Vazquez, Spano allegedly said “[y]ou had better start minding your own f* * *ing business!” (Id. ¶ 171.) Plaintiffs allege that the CSJB employment manual entitled Vazquez to a fair and impartial arbitration hearing to determine whether his discharge was justified, but that Spano, Ward, and others took a series of actions that allegedly violated the CSJB Employment Manual and the International Constitution. (Id. ¶¶ 173, 181, 183, 186, 188, 191, 194,197-98.) More specifically, on August 4, 2003, Vazquez filed a grievance with Spano protesting his discharge, which Spano denied on August 12. (Id. ¶¶ 174-75.) Vazquez appealed to a three member arbitration panel pursuant to Article IX of the CSJB employment manual. (Id. ¶ 176.) That provision provided that Vazquez, as president of Local 10, could sit on that panel, but Spano informed him that he could not be part of the arbitration panel. (Id. ¶ 177.) Spano informed Vazquez that Spa-no would still sit as a member of the arbitration panel and requested that Vazquez name the third member of the panel. (Id. ¶¶ 178-79.) Vazquez objected, but Spano told him his objection had no merit. (Id. ¶¶ 180.) Vazquez appealed to Ruiz to investigate Spano’s denial, but the Executive Board blocked this investigation, on Spano’s motion, at an October 15, 2008 meeting. (Id. ¶¶ 182-83.) Spano then appointed Torello and McDonough to sit on the arbitration panel, whose members Plaintiffs allege were determined to uphold Vazquez’s discharge regardless of the evidence. (Id. ¶¶ 184, 188.) Vazquez requested a stay in the arbitration, pending a decision of the International Union about the fairness of the hearing, but was told that the arbitration hearing was going to proceed. (Id. ¶¶ 189-90.) Vazquez then appointed Keat-ing as a member of the arbitration panel, but the arbitration proceeded without Keating. (Id. ¶¶ 190-91.) Spano retained Ward to represent the CSJB at the arbitration hearing, but refused to allow Vazquez to have an attorney present. (Id. ¶ 192.) On November 4, 2003, the arbitration panel upheld Vazquez’s discharge based on pretextual reasons. (Id. ¶¶ 193— 94.) On November 7, 2003, Spano filed charges against Vazquez to remove him as the elected President of Local 10. (Id. ¶ 195.) Ward allegedly assisted in Spano’s scheme to deny Vazquez a fair hearing on the charges. (Id. ¶¶ 197-98.) Vazquez requested a continuance of the hearing pending the appeal of Ms termination as President of Local 10, but that was denied. (Id. ¶¶ 198-99.) The Executive Board of Local 10 held a hearing on the charges on November 19, 2003. (Id. ¶ 200.) John Mc-Donough, a Spano ally who had already participated as a member of the arbitration panel that denied Vazquez’s grievance, also sat as a member of Local 10’s Executive Board. (Id. ¶ 201.) Once again, Ward participated and presented the same evidence against Vazquez from the earlier arbitration panel, while Vazquez himself was denied counsel. (Id. ¶¶ 204-05.) On November 25, 2003, Local 10’s Executive Board removed Vazquez as its President, which allowed Spano and his allies to gain control of Local 10 and its finances. (Id. ¶¶ 206-09.) IV. Kane’s Termination In April 2003, Kane allegedly told Spano that he was not going to stand by and watch Spano destroy the union, hurt the membership, and bring in alleged elements of organized crime. (Id. ¶ 210.) Spano allegedly told Kane “[y]ou don’t know who you’re f* * *ing with! If you oppose me, the door is going to hit you in the ass on your way to the street!” (Id. ¶ 211.) Kane understood Spano to be referring to elements of organized crime, including allegedly Spano’s father and uncle who allegedly had been mentioned in the newspapers for illegal activities. (Id. ¶ 212.) Kane replied that Spano and his “outfit buddies” did not scare him. (Id. ¶ 213.) On August 8, 2003, four days after he terminated Vazquez, Spano terminated Kane from his employment as a CSJB employee. (Id. ¶ 214.) As with Vazquez, Plaintiffs allege that Kane’s termination was in violation of the CSJB Employment Manual, and done with Ward’s assistance. (Id. ¶¶ 219-20, 225, 228, 231.) The termination allegedly was in response Kane’s open opposition to Spano’s scheme and was intended to intimidate the employees and officers of the union. (Id. ¶ 216.) Twelve other CSJB business agents with fewer years of service than Kane were not laid off, in violation of longstanding CSJB policy. (Id. ¶ 215.) After Spano denied Kane’s initial grievance, Kane filed a grievance with the arbitration panel, but Spano refused to convene a panel. (Id. ¶¶ 217, 218, 220.) Kane filed a lawsuit in the Illinois Circuit Court, and the court ordered Spano to convene the arbitration panel and hear Kane’s grievance. (Id. ¶¶ 221-22.) The CSJB allegedly delayed convening the panel until after Kane had been terminated as a CSJB employee, removed as an elected union official, and expelled from union membership. (Id. ¶ 223.) Kane was not aware that the arbitration panel was going to hear his lay-off grievance until twelve hours before it was convened. (Id. ¶ 224.) He requested a continuance, but Spano denied it. (Id. ¶ 225.) On May 25, 2004, the arbitration panel convened to hear Kane’s grievance, but Kane did not attend since he did not have enough time to prepare. (Id. ¶¶ 226-27.) The arbitration proceeded with Spano allies Torello and Olvera sitting on the panel, which denied Kane’s grievance on June 1, 2004. (Id. ¶¶ 228-30.) Kane alleges that he did not appeal the arbitration panel’s decision because doing so would have been an exercise in futility. (Id. ¶232.) V. The Removal of Ruiz, Keating and Kane From Their Elected and Appointed Positions Spano then took a series of steps to remove Ruiz, Keating, and Kane from their elected and appointed positions with the unions, Health Fund, and Pension Fund, and to expel them from membership. (Id. ¶ 233.) On February 4, 2004, Spano told Ruiz that he had to retire from all union positions because “outside sources” told Spano that Ruiz “had to go.” (Id. ¶¶ 234-35.) On February 12, 2004, Spano allegedly reiterated to Ruiz that he had been told by “other people” that Ruiz must “get the f* * * out!” (Id. ¶ 237.) Ruiz understood “outside sources” and “other people” to be elements of organized crime. (Id. ¶¶ 236, 238.) Spano allegedly threatened to cut Ruiz’s pay, and carried out his threat by reducing Ruiz’s pay from 52,230 per week to $500 per week, eliminating his car allowance of $1,200 per month, and disconnecting his cell phone. (Id. ¶¶ 239-40.) On March 1, 2004, Ruiz asked Keating to investigate a merger between Locals 10 and 20 being planned by Spano and the Spano Group. (Id. ¶ 241.) Plaintiffs alleged that this merger was illegal because it was not conducted pursuant to the IUC. (Id. ¶ 242.) Keating discovered evidence of such a plan and reported his findings to Ruiz on March 1, 2004. (Id.) On March 6, 2004, Ruiz and Keating met with several attorneys about implementing a process provided for in the IUC to place the CSJB in a trusteeship to protect the membership of the CSJB’s member local unions. (Id. ¶ 245.) On March 11, 2004, the Executive Board of the CSJB was notified of the trusteeship issue, and Spano threatened Keating with physical violence and told him to leave the Union’s property because of his involvement in the Trusteeship process. (Id. ¶¶ 246-47.) On March 12, 2004, Spano attempted to call a special meeting of the Executive Board, but was unable to obtain the participation of the required five members, so it was rescheduled for March 18th in New York City. (Id. ¶¶ 248-49.) That same day, March 12, 2004, Ruiz and Keating went into federal court seeking a temporary restraining order, which was denied. (Id. ¶ 250.) On March 19, 2004, alleged Spano ally Castro filed charges with the International Union seeking to expel Ruiz, Keating, and Kane from membership. (Id. ¶ 251.) Plaintiffs allege that the charges were without merit, and that this was another action taken by the Spano Group to remove opposition to the scheme. (Id. ¶¶ 251-52.) Plaintiffs allege that the members of the International Union’s Executive Board were on notice of alleged corruption within the CSJB and International Union and the alleged influence of organized crime in the affairs of the Unions. (Id. ¶ 255.) On April 5, 2004, the Spano allies held a hearing and found Keating, Kane, and Ruiz guilty of the charges filed by Castro. (Id. ¶ 259.) On the same day, based on the International Board’s decision to expel Ruiz, Keating, and Kane from union membership, Spano and his allies also removed the three from their respective official positions in the Unions. (Id. ¶¶ 260-62.) Ruiz was removed as the International Union’s President and as elected President of Local 24, terminated as an employee of the CSJB and the International Union, and removed as Trustee for the Funds. (Id. ¶ 260.) Keating was removed from Ms positions as Vice President of the International Union, Secretary-Treasurer of the CSJB, elected President of Local 16, and was terminated as an employee of the International Union and the CSJB; he also was removed from the position of Trustee for the Funds. (Id. ¶ 261.) Kane was removed as Secretary-Treasurer of Local 24 and terminated as an employee of the CSJB. (Id. ¶ 262.) Plaintiffs allege that Spano and his allies could not have effectuated these removals without the assistance of attorneys Wid-mer and Ward. (Id. ¶ 263.) On April 2, 2004, Keating was advised by an internal auditor that there were financial discrepancies with one of the Funds’ accounts. (Id. ¶ 266.) Keating discovered who was responsible for the discrepancies, and reported this matter to the Funds’ attorney, Auteri, and to the U.S. Department of Labor. (Id. ¶¶ 267-68.) Keating continued to conduct an investigation into this matter until he was removed as the Funds Manager on April 14, 2004. (Id. ¶269.) Plaintiffs allege that Spano needed to remove Keating from his positions with the Funds to keep him from opposing Spano’s desire to use the Funds for his own benefit. (Id. ¶ 270.) To induce the employer-appointed Trustees to remove Keating, Spano contacted them and told them that Keating had stolen money from the International Union and Local 24, was responsible for the theft of Fund monies, and was shredding documents to cover up his involvement in the theft. (Id. ¶ 271.) Spano allegedly had Auteri assist him in telling the Trustees that Keating had stolen $106,000 from the International Union and Local 24 and was responsible for the theft of monies from the Health Fund, an allegation Spano and Auteri knew was not true. (Id. ¶¶ 274-76.) The union-appointed Trustees present at this meeting were Spano allies Torello, Flynn, Castro, Olvera, and McDonough. (Id. ¶ 278.) Even though they knew the allegations were false, these Trustees voted to remove Keating from all elected and appointed positions with the Funds. (Id. ¶ 279-80.) On April 14th, the Health Fund and Pension Fund Trustees terminated Keating as Plan Manager for the Funds and removed him as the elected Chairman of the Health Fund. (Id. ¶ 282.) PROCEDURAL HISTORY The procedural history of this case can be found in the Court’s two previous opinions of January 25, 2005, (D.E. 32 in Case No. 04 C 861) and March 15, 2006 (D.E.46.) To summarize, Vazquez filed two separate actions in the Northern District of Illinois. In his first action, Vazquez sought an order vacating an arbitration award upholding his termination as a business agent of the CSJB, and also sought an order vacating an arbitration award upholding Local No. 10’s removal of Vazquez as an elected officer. In his second action, Vazquez filed a suit against the CSJB, International Union, and Local No. 10 alleging the breach of certain union governing documents and a violation of the LMRDA. In its January 25, 2005 Memorandum Opinion, the Court denied in part and granted in part the Defendants’ motion to dismiss. (D.E. 32 in Case No. 04 C 861.) The Court held that it lacked subject matter jurisdiction over some of Vazquez’s claims under Section 301 of the Labor Management Relations Act (LMRA), and that Vazquez had stated a claim under the LMRDA on various grounds. (Id. at 28.) Vazquez subsequently filed his First Amended Complaint, adding the Plaintiffs and Defendants involved in this action. (D.E. 46 at 1.) The First Amended Complaint reiterated some but not all of Vazquez’s original allegations, added similar allegations on behalf of Ruiz, Keating, and Kane, and added new allegations as well. Defendants filed a motion to strike and to dismiss various aspects of this complaint, which the Court granted in part and denied in part. (Id. at 26.) The Court will refer to the specific holdings of the aforementioned opinions to the extent they are relevant to the analysis set forth in this opinion. Plaintiffs subsequently filed their Second Amended Complaint, which is at issue in this opinion. (D.E.97.) For the reasons stated below, the motions to dismiss are granted in part and denied in part. To the extent dismissals are with out prejudice, Plaintiffs will have one more chance to file an amended pleading if they wish, although the Court already has ruled that Plaintiffs may move forward on claims that afford the chance of substantial and material relief, so it may be prudent simply to proceed. That decision, of course, is up to the Plaintiffs; however, if they wish to replead, given the multiple opportunities they already have been afforded, this will likely be their final chance to do so, barring unforeseen or exceptional developments. STANDARD OF REVIEW “A motion to dismiss under Rule 12(b)(6) challenges the sufficiency of a complaint for failure to state a claim upon which relief may be granted.” Johnson v. Rivera, 272 F.3d 519, 520-21 (7th Cir.2001). In ruling on a motion to dismiss, the court must assume all facts alleged in the complaint to be true and view the allegations in the light most favorable to plaintiffs. See, e.g., Singer v. Pierce & Assocs., P.C., 383 F.3d 596, 597 (7th Cir.2004). However, “the complaint must describe the claim in sufficient detail to give the defendant ‘fair notice of what the ... claim is and the grounds upon which it rests.’ ” EEOC v. Concentra Health Services, Inc., 496 F.3d 773, 776 (7th Cir.2007) (quoting Bell Atlantic Corp. v. Twombly, — U.S. —, 127 S.Ct. 1955, 1964, 167 L.Ed.2d 929 (2007)). In addition, the allegations in the complaint must plausibly suggest that the plaintiff has a right to relief, raising that possibility above a “speculative level”; if they do not, the plaintiff pleads himself out of court. Id. (citing Bell Atlantic, 127 S.Ct. at 1965). DISCUSSION I. The LMRDA Claims Are Dismissed in Part In a Memorandum Opinion and Order of January 25, 2005, the Court denied the CSJB, International Union, and Local No. 10’s motion to dismiss Vazquez’s LMRDA claims in his earlier Complaint. (See D.E. 32 in Case No. 04 C 861 at 21-28.) The CSJB, the International Union (together, the “Union Defendants”), and Torello now move to dismiss certain of Plaintiffs’ LMRDA claims in the operative Complaint. These claims involve Sections 101(a)(1), 101(a)(2), 101(a)(5), 301 and 609 of the LMRDA. Title I of the LMRDA grants union members a “Bill of Rights.” See 29 U.S.C. § 411; see also Local No. 82, Furniture and Piano Moving, Furniture Store Drivers, Helpers, Warehousemen, and Packers v. Crowley, 467 U.S. 526, 528, 104 S.Ct. 2557, 81 L.Ed.2d 457 (1984). Sections 101(a)(1) and (a)(2) of Title I, 29 U.S.C. §§ 411(a)(1) and (a)(2), “guarantee equal voting rights, and rights of speech and assembly, to every member of a labor organization.” Finnegan v. Leu, 456 U.S. 431, 436, 102 S.Ct. 1867, 72 L.Ed.2d 239 (1982) (internal quotation marks and emphasis omitted). Section 101(a) (5) of Title I provides that, “No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization ... unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.” 29 U.S.C. § 411(a)(5). In this regard, precedent teaches that Section 101(a)(5) “guarantee[s] that [union] members will not be disciplined by their union without certain procedural protections.” Stevens v. N.W. Ind. Dist. Council, United Bhd. of Carpenters, 20 F.3d 720, 727 n. 16 (7th Cir.1994); English v. Cowell, 969 F.2d 465, 469 (7th Cir.1992). Section 102 of Title I, 29 U.S.C. § 412, provides “authority for a suit against a union based on an alleged violation of Title I of the [LMRDA].” Finnegan, 456 U.S. at 439, 102 S.Ct. 1867. Pursuant to Section 102, a Plaintiff can bring a claim under Section 101(a)(2) even if no 101(a)(5) violation is shown. See Maddalone v. Local 17, United Bhd. of Carpenters and Joiners of Am., 152 F.3d 178, 183 (2nd Cir.1998) (citing Finnegan, 456 U.S. at 439, 102 S.Ct. 1867; and Black v. Ryder/P.I.E. Nationwide, Inc., 970 F.2d 1461, 1468 (6th Cir.1992)). “[S]ection 609 [of the LMRDA] provides that a union and its officers may not fine, suspend, expel or otherwise discipline any union members for exercising such rights to free speech and assembly.” Brunt v. Serv. Employees Int’l Union, 284 F.3d 715, 719 (7th Cir.2002) (citing 29 U.S.C. § 529). The Supreme Court has stated that “a litigant may maintain an action under § 102 ... without necessarily stating a violation of § 609.” Finnegan, 456 U.S. at 439, 102 S.Ct. 1867; accord Harvey v. Hollenback, 113 F.3d 639, 643 (6th Cir. 1997) (“Section 102 provides a right of action to members ‘whose rights ... have been infringed, ’ ... which the Supreme Court has acknowledged is a somewhat broader concept than the term ‘discipline’ in § 609.”) (quoting 29 U.S.C. § 412, with emphasis in Harvey, and citing Finnegan, 456 U.S. at 439, 102 S.Ct. 1867). A. Plaintiffs Fail to State a Claim Under Section 101(a)(1) Section 101(a) (1) of the LMRDA provides that “[e]very member of a labor organization shall have equal rights and privileges ... to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization’s constitution and bylaws.” 29 U.S.C. § 411(a)(1). In Calhoon v. Harvey, 379 U.S. 134, 85 S.Ct. 292, 13 L.Ed.2d 190 (1964), the Supreme Court held that Section 101(a)(1) of the LMRDA “is no more than a command that members and classes of members shall not be discriminated against in their right to nominate and vote.” Id. at 139, 85 S.Ct. 292. In this regard, the Seventh Circuit has taught that Section 101(a)(1) “says only that when voting occurs every union member has equal rights to take part.” Serpico v. Laborers’ Int’l Union of N. Am., 97 F.3d 995, 998 (7th Cir.1996). Or, as the Seventh Circuit explained, in order to state a claim under Section 101(a)(1), a plaintiff must “allege discrimination against some union members.” Fulk v. United Transp. Union, 81 F.3d 733, 736 (7th Cir.1996) (collecting cases; emphasis in original); accord Talbot v. Robert Matthews Distrib. Co., 961 F.2d 654, 666 (7th Cir.1992) (collecting cases). Plaintiffs argue that their Section 101(a)(1) rights were violated when Vazquez appealed his grievance denial. (D.E. 164 at 17.) Specifically, Plaintiffs argue that this occurred when Spano barred Vazquez from sitting on the arbitration panel, but told Vazquez that Spano would not recuse himself. (Id.) Plaintiffs cite no authority for the proposition that the selection of panel members hearing grievances constitutes the right to “nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings” embodied in Section 101(a)(1). Plaintiffs, with all respect, do not make any serious argument as to why this right, which on its face is targeted at meetings and elections regarding union-wide issues, should be extended to the context of nominating panel members to hear grievance appeals. See Gilvin v. Fire, 259 F.3d 749, 760-61 (D.C.Cir.2001) (stating that plaintiffs “claim was properly dismissed because ... [plaintiff] has failed to articulate how he was deprived of any of the specific rights protected by § 101(a)(1)”). As a result, Plaintiffs objection, at least insofar as it is couched as a putative Section 101(a)(1) claim, is misplaced. The claim is dismissed with prejudice. B. Plaintiffs Have Stated a Claim Under Section 101(a)(2) Section 101(a) (2) of the LMRDA “grants union members the rights of freedom of speech and assembly, including the right to ‘express any views, arguments or opinions.’ ” Brunt, 284 F.3d at 719 (quoting 29 U.S.C. § 411(a)(2)). Defendants argue that Plaintiffs’ claim under Section 101(a)(2) should be dismissed under Finnegan, which held that this Section applied to union members, but not union officers or employees. Id., 456 U.S. at 436-38, 102 S.Ct. 1867. Plaintiffs, however, cite Sheet Metal Workers’ Int’l Assoc, v. Lynn, 488 U.S. 347, 109 S.Ct. 639, 102 L.Ed.2d 700 (1989), in support of their contention that their removal from office violated Section 101(a)(2). This Court’s January 25, 2005 opinion discussed these precedents, but the Court will do so once again since additional parties were added since that opinion issued. In Lynn, the Supreme Court addressed the issue of “whether the removal of an elected business agent, in retaliation for statements he made at a union meeting in opposition to a dues increase sought by the union trustee, violated the LMRDA.” Id. at 349, 109 S.Ct. 639. A trustee removed the plaintiff in Lynn from his position as an elected business representative because of Ms opposition to an increase in union dues. Id. at 350, 109 S.Ct. 639. The Lynn plaintiff subsequently brought suit in federal district court, alleging that Ms removal from office violated Section 101(a) (2) of the LMRDA. Id. The Supreme Court held that under the circumstances of the case, the plaintiffs “retaliatory removal stated a cause of action under [§ 101(a)(2) and] § 102.” Id. at 355, 109 S.Ct. 639; see also id. at 358, 109 S.Ct. 639. In so holding, the Supreme Court distinguished Finnegan, which held “that the discharge of a union’s appointed business agents by the union president, following his election over the incumbent for whom the business agents had campaigned, did not violate” Section 101(a)(2) of the LMRDA. Lynn, 488 U.S. at 348-349, 109 S.Ct. 639; see also Brunt, 284 F.3d at 719. The Supreme Court noted that in Finnegan, it did not consider “whether the retaliatory removal of an elected official violates the LMRDA,” the factual scenario that was before it in Lynn. Lynn, 488 U.S. at 353, 109 S.Ct. 639 (emphasis added). The defendant in Lynn viewed the Lynn plaintiffs “status as an elected, rather than an appointed, official ... immaterial ....,” id. at 354, 109 S.Ct. 639, and argued that the removal of an elected official was permissible under Finnegan. The Supreme Court disagreed, distinguishing between the removal of an elected and appointed business agent, and holding that an elected business agent could, under the appropriate circumstances, state a claim under Section 101(a)(2) and Section 102. See id. at 355,109 S.Ct. 639. In reaching this holding, the Supreme Court recognized that the “discharges [of the appointed business agents in Finnegan] had some chilling effect on the free speech rights of the business agents.” Id. But it found “this concern outweighed by the need to vindicate the democratic choice made by the union electorate.” Id. With respect to the democratic choices of the union, the Supreme Court reasoned that its holding in Lynn was consistent with the basic objective of the LMRDA that it recognized in Finnegan: “ ‘ensuring that unions are democratically governed and responsive to the will of their memberships.’ ” Id. at 352, 109 S.Ct. 639 (quoting Finnegan, 456 U.S. at 436, 102 S.Ct. 1867; internal brackets omitted). This goal, the Supreme Court explained, was generally furthered by the newly-elected union president’s “patronage-related diseharg[e]” of the appointed business agents of the ousted incumbent in Finnegan, in that the business agents could potentially “thwart the implementation of his [ie., the newly-elected union president’s] programs.” Id. at 354-355,109 S.Ct. 639. This was not the case with respect to the facts presented in Lynn, which involved an elected, rather than appointed, individual. The Supreme Court explained that “[t]he consequences of the removal of an elected official are much different” than the consequences of the removal of appointed business agents, and cited two reasons. Id, at 355, 109 S.Ct. 639. First, the removal of an elected business agent denies the union membership the representative of their choice, which runs contrary to the objective of the LMRDA. Id. Second, “the potential chilling effect on Title I free speech rights is more pronounced when elected officials are discharged,” in that “[n]ot only is the fired official likely to be chilled in the exercise of his own free speech rights, but so are the [union] members who voted for him.” Id. (citation omitted). This chilling effect on the union membership, the Supreme Court explained, “is precisely what Congress sought to prevent when it passed the LMRDA.” Id. In this regard, the Supreme Court noted that “democracy would be assured only if union members are free to discuss union policies and criticize the leadership without fear of reprisal.” Id. (internal quotation marks and citation omitted). Thus, a plaintiff who was removed from elected office can properly state a claim under Section 101(a)(2) and Section 102 of the LMRDA. Id. In support of their contention that the Lynn exception to Finnegan does not apply, Defendants argue that “not all of the Plaintiffs in the instant case were elected by the members [of the union].” (D.E. 188 at 12.) In this regard, Defendants claim that Vazquez was appointed to the position of President of Local 10 by the Executive Board of the Local, after he had been elected Vice President of the Local by its members. (Id. at 12 & n. 4.) Defendants attached an evidentiary exhibit to their response brief in support of their contention that Vazquez was appointed to his position as President of the local. In the wake of this filing, the Court granted Plaintiffs’ motion to voluntarily dismiss their claim that “Vazquez was unlawfully removed as President of Local 10 in retaliation for his exercise of protected speech.” (D.E. 218 ¶ 8.e; D.E. 220.) Therefore, this opinion only addresses the Section 101(a)(2) claims of Ruiz, Keating, and Kane. The Union Defendants argue that Ruiz and Keating were elected as officers of the International Union and CS JB by delegates, not rank and file members, so the Lynn exception to Finnegan does not apply to them. (D.E. 188 at 12-13 (citing Yager v. Carey, 910 F.Supp. 704, 726 (D.D.C.1995)); D.E. 143 at 8-9.) The Union Defendants support this argument with more evidence in the form of a proffered affidavit from Torello that they attached to their reply brief. (D.E.188-8, Ex. E.) Unlike the case with the claim against Plaintiff Vazquez, this filing did not prompt any motion to voluntarily dismiss claims, and the Court cannot credit the evidence in the Rule 12(b)(6) analysis. At the motion to dismiss stage, the Court’s inquiry is “limited to the factual allegations contained within the four corners of the complaint.” Sotelo v. DirectRevenue, LLC, 384 F.Supp.2d 1219, 1236 (N.D.Ill. 2005) (Gettleman, J.) (collecting cases). The allegations in the Complaint once again state the following: Ruiz was a member and elected President of the International Union, the elected First Vice President of the CSJB Executive Board, the elected President of Local 24, the Servicing Director of the CSJB, a union appointed trustee of the Funds, and a union appointed Trustee on the International Union’s Pension Fund. (D.E. 97 ¶¶ 14-15.) Keating was a member and the Third Vice President of the International Union, the elected Secretary-Treasurer of the CSJB’s Executive Board, the elected President of Local 16, a union appointed Trustee of the benefits funds at issue in the case, the elected Chairman of the CSJB Health and Welfare Fund (the “Health Fund”), the appointed Plan Manager of various funds, and the appointed trustee of the CSJB Staff Pension Plan. (Id ¶¶ 17-19.) Kane was a member of the International Union, the elected Secretary-Treasurer of Local 24, and a CSJB business agent. (Id ¶¶ 21-23.) For the same reasons that the Court denied the Union Defendant’s motion to dismiss Vazquez’s LMRDA claims in the Court’s January 2005 Memorandum Opinion, see D.E. 32 in Case No. 04 C 861 at 24-25, Plaintiffs’ LMRDA claims based on their dismissal from elected positions cannot be dismissed at this stage of the proceedings. First, each Plaintiff claims that he was removed from elected office for opposing Spano. Therefore these claims fall under the LMRDA pursuant to Lynn. See Lynn, 488 U.S. at 355, 109 S.Ct. 639; Stroud v. Senese, 832 F.Supp. 1206, 1212 (N.D.Ill.1993) (plaintiff stated claim of unlawful retaliation for exercising LMRDA rights where he alleges removal from elected position). Second, as noted in the Court’s previous opinion, a free speech/termination claim of this type “might arise if a union official were dismissed as part of a purposeful and deliberate attempt ... to suppress dissent within the union .... ” Lynn, 488 U.S. at 355 n. 7,109 S.Ct. 639 (internal quotation marks and citation omitted); accord Brunt, 284 F.3d at 720. A claim can fall under this category if a dismissal is alleged to be “ ‘part of a series of oppressive acts by the union leadership that directly threaten the freedom of members to speak out.’ ” Maddalone, 152 F.3d at 184 (quoting Cotter v. Owens, 753 F.2d 223, 229 (2nd Cir.1985)). The Complaint gives detailed allegations which suggest such an attempt on the part of Spano — at least for present purposes when evaluated under the standards of Fed.R.Civ.P. 12(b) (6). Torello and the Union Defendants argue that the allegations in the Complaint conclusively establish that Plaintiffs’ have not satisfied this standard because “their removals were sporadic isolated events.” (D.E. 143 at 10.) But “a dissenting faction need not endure years of harassment” before such a claim will lie. Maddalone, 152 F.3d at 184. Rather, “[i]n such cases— rare though they may be — the question is whether an action against the official is merely an isolated act of retaliation for political disloyalty or is instead part of a purposeful and deliberate attempt to suppress dissent within the union.” Franza, 869 F.2d at 45; accord Messina v. Local 1199 SEIU, Nat’l Health & Human Serv. Employees Union, AFL-CIO, 205 F.Supp.2d 111, 122 (S.D.N.Y.2002). The Complaint alleges that the Spano repeatedly threatened that the Plaintiffs would be subject to termination or even violence if they opposed him (D.E. 97 ¶¶ 95-96, 99-101, 108, 119, 121, 127, 145-46, 163, 211), and when they continued to oppose Mm he eventually had them terminated. (See, e.g., id. ¶¶ 10-11, 13-15, 17-19, 21-23.) Since the Plaintiffs have alleged a lengthy and long-lasting series of behaviors by Defendants designed to suppress dissent, it would appear that, at least under Rule 12(b)(6), they have sufficiently averred a potential claim. See Johnson v. Kay, 860 F.2d 529, 537 (2nd Cir.1988) (finding that the “nature, intensity, and extent of the defendants’ scheme, including threats of physical harm,” and other acts of intimidation and disruption of Plaintiffs’ Title I rights, were sufficient to allege claim); Nixon v. United Food and Commercial Workers Int’l Union, Local No. 7, 751 F.Supp. 1491, 1495 (D.Colo.1990) (“acts and threats of retaliatory discharge, acts and threats of physical force,” acts of censorship of opposition along with threats of withholding severance pay unless opponents signed agreements never to become involved in union affairs, were enough to raise issue regarding whether plaintiffs discharge “was part of a larger purposeful and deliberate attempt to suppress dissent within the Union”). The Union Defendants further contend that Plaintiffs “do not allege that they were part of a discernable dissent movement within the union, or that they communicated their alleged concerns about the unions’ leadership to the union membership, nor are there any allegations from which to infer that was the case.” (D.E. 140 at 19.) The Union Defendants rely on cases decided at the summary judgment stage to support this argument. (See D.E. 140 at 18 (citing Toner, 1999 WL 638602, at *6; Helmer v. Briody, 759 F.Supp. 170, 175-76 (S.D.N.Y.1991)).) However, at this stage of the proceedings plaintiffs are not required to adduce a triable case; that determination can await the close of discovery if and when summary judgment motions are filed. Plaintiffs have pleaded enough facts to raise a right to relief above the speculative level. See Twombly, 127 S.Ct. at 1965, 1973 n. 14. C. Plaintiffs’ Section 101(a)(5) and 609 Claims Are Dismissed In Part Defendants also move to dismiss certain aspects of Plaintiffs’ Sections 101(a)(5) and Section 609 claims. In Breininger v. Sheet Metal Workers Int’l Ass’n Local Union No. 6, 493 U.S. 67, 110 S.Ct. 424, 107 L.Ed.2d 388 (1989), the Supreme Court held that the phrase “otherwise discipline” in Sections 101(a)(5) and 609 was not meant to “include all acts that deterred the exercise of rights protected under the LMRDA, but rather meant instead to denote only punishment authorized by the union as a collective entity to enforce its rules.” Id. at 91, 110 S.Ct. 424; see also id. at 92 n. 15, 110 S.Ct. 424 (“Congress meant ‘discipline’ to signify penalties applied by the Union in its official capacity rather than ad hoc retaliation by individual Union officers.”). Therefore, for example, precedent teaches that if a plaintiff is fired (or otherwise disciplined) by his employer rather than his union, that is “not a disciplinary act by his Union that would involve the LMRDA.” Konen v. Int’l Bhd. of Teamsters, 255 F.3d 402, 409-10 (7th Cir. 2001) (collecting cases). i. Keating Cannot Maintain a Section 101(a)(5) or 609 Claim Based on His Removal From His Position As Trustee of the Funds The Complaint alleges that Keating was removed from his position as fund manager of the Funds by their Trustees, not the union. (D.E. 97 ¶¶ 271-83.) Since Keating was fired by his employer rather than the union, Torello moves to dismiss any claims based on this termination. (D.E. 143 at 7.) Such a dismissal appears to be consonant with the Supreme Court’s decision in Breininger, which stated that, “by using the phrase ‘otherwise discipline,’ Congress did not intend to include all acts that deterred the exercise of rights protected under the LMRDA, but rather meant instead to denote only punishment authorized by the union as a collective entity to enforce its rules.” Id., 493 U.S. at 91, 110 S.Ct. 424. Plaintiffs try to distinguish precedent like Breininger and Konen by pointing out that the Trustees included not only employer appointed trustees, but also union appointed trustees Spano, Torello, Flynn, Castro, Olvera, and McDonough. (Id.; D.E. 97 ¶¶ 278-83.) This type of claim, in which union officials punish an employee through other means, was argued by the dissent in Breininger— see id., 493 U.S. at 99, 110 S.Ct. 424 (Stevens, J., dissenting, discussing, inter alia, the union’s alleged “abuse of the hiring hall system,” as part of “widespread, improper discipline for political opposition” (internal quotation marks omitted)) — and implicitly rejected by the majority. Subsequent cases have rejected claims under the LMRDA that “toe union conspired with toe company [i.e., the plaintiffs employer] to use the disciplinary system to silence him ... [where] the union itself did not implement the discipline.” Gilmore v. Local 295, Int’l Bhd. of Teamsters, Chauffeurs, Warehousemen and Helpers of Am., 798 F.Supp. 1030, 1041 (S.D.N.Y.1992); Camporeale v. Airborne Freight Corp., 732 F.Supp. 358, 365 (E.D.N.Y.1990); see also United Food and Commercial Workers Int’l Union Local v. United Food and Commercial Workers Int’l Union, 301 F.3d 468, 474 (6th Cir.2002) (stating that Section 101(a)(5) claim is properly dismissed where “the alleged punishment did not result from an established union disciplinary process”). In Maddalone, for instance, the plaintiffs alleged that union leaders engaged in a personal campaign to suppress criticism of their leadership, and the plaintiffs’ termination was announced at a union meeting. Id., 152 F.3d at 185. The court held that these allegations did not meaningfully distinguish Breininger since the union leader who allegedly ordered the termination was “not alleged to have been acting on behalf of the union as an official entity ....” Id. Although Mad-dalone is a Second Circuit case, the Seventh Circuit has appeared to endorse this approach, at least generally, in favorably quoting the statement that, “ ‘where the employer and not the Union disciplines a member for exercise of his [§ 101] rights, the member has no cause of action against the Union under the LMRDA.’ ” Konen, 255 F.3d at 409-10 (quoting Gilmore, 798 F.Supp. at 1041). Even if Keating’s removal from fund employment by the Trustees was the result of a conspiracy of union members to oust him, it, at least as pleaded, does not appear to have come about as the result of a union procedure. Moreover, it appears, at least as pleaded, to have been an act of all the employer trustees as much as any trustees even once nominated by the unions. Therefore, Keating’s Section 101(a)(5) and Section 609 claim based on his removal as Trustee of the Funds is dismissed without prejudice. If he believes there are further facts that support the claim, he is free to reallege the claim, but it appears, at least as pleaded, to be flawed under the precedent identified above. ii. Plaintiffs Cannot State Section 101(a)(5) or 609 Claims Based on Then Expulsion From Elected Office The Union Defendants further contend (see D.E. 140 at 22-23) that Plaintiffs’ allegations of expulsion from elected office also do not state a claim under LMRDA Sections 101(a)(5) and 609 — even if they may state claims under other sections of the LMRDA, as the Court has elsewhere found in Plaintiffs’ favor. Section 101(a)(5), again, provides that, “[n]o member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization ... unless” certain due process mechanisms are afforded, and Section 609 provides that, “it shall be unlawful for any labor organization, or any officer ... or any employee thereof to fine, suspend, expel, or otherwise discipline any of its members for exercising any right to which he is entitled under the provisions of this chapter.” The leading case on this sort of claim appears to be Messina v. Local 1199 SEIU, Nat’l Health & Human Serv. Employees Union AFL-CIO, 205 F.Supp.2d 111 (S.D.N.Y.2002), where the Court interpreted Finnegan and Lynn to indicate that an elected union officer cannot state a claim under Sections 609 and 101(a)(5) for removal from his or her office (as opposed to his or her membership in the union, which is subject to the procedural protections) in disregard of proper procedures. Id., 205 F.Supp.2d at 125-26. The court looked to Finnegan, which held the “the term, ‘discipline,’ as used in § 609, refers only to retaliatory actions that affect a union member’s rights or status as a member of the union.” Id., 456 U.S. at 437, 102 S.Ct. 1867 (emphasis in original). The Supreme Court in Finnegan also noted that “Congress used essentially the same language ... [in Section 101(a)(5) ] with the specific intent not to protect a member’s status as a union employee or officer.” Id. at 438, 102 S.Ct. 1867. Messina found that the exception to Finnegan created in Lynn, which allowed elected officers to bring a claim under the free speech protections of the LMRDA, did not carry over to the procedural protections provided by 101(a)(5) and 609. See id., 205 F.Supp.2d at 126. Thus, to the extent an improper removal from elected office infringes the free expression of speech, it can be addressed under the LMRDA, but the LMRDA is not understood to regulate what process unions must use when engaging in personnel actions towards their officers. Id. This view in Messina appears to be consistent with the weight of caselaw to have addressed this issue. See Messina, 205 F.Supp.2d at 125 (collecting cases); accord Austin v. United Auto Workers Int’l Union, No. 04-71915, 2004 WL 2112730, at *2 (E.D.Mich. June 3, 2004) (collecting cases); Argen