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Judge wants details in suit against senator

By: Jack Zemlicka, [email protected]//May 22, 2012//

Judge wants details in suit against senator

By: Jack Zemlicka, [email protected]//May 22, 2012//

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A judge wants evidence and specific claims from a Milwaukee man who is suing state Sen. Lena Taylor and Associated Banc-Corp. for allegedly cashing his checks.

Richard Scull has until June 26 to provide the information or the case will be dismissed.

Scull sued Taylor, D-Milwaukee, and Associated Bank in March for their alleged roles in illegally cashing three of his checks, including one Scull said was from Miami Heat basketball player Dwyane Wade.

Scull claimed Taylor, who is an attorney, represented him in a 2003 civil case against Associated Bank to recover payment for his work on a residential fire-restoration project in Milwaukee. An online search of court records did not find any 2003 cases in Milwaukee that involved Scull as a plaintiff against Associated Bank.

Both Taylor and Associated Bank’s attorney — Robert Pyzyk, of Niebler, Pyzyk, Roth & Carrig LLP, Menomonee Falls — had filed motions to dismiss the case on the grounds of frivolous claims.

“I don’t know what the plaintiff is talking about,” Pyzyk said Tuesday after an initial hearing in the case. “We’ve never heard of him and have no record of the checks.”

Taylor appeared at the hearing via phone. She did not immediately return a call seeking comment Tuesday afternoon.

According to her response to the lawsuit, she denies the allegations and said she never had met Scull.

Scull said that wasn’t the case. He said he and Taylor, who maintains a Milwaukee law office, agreed to file suit and that she cashed at least one check written out to him during her representation.

Two other checks made out to Scull — one from Wade and another from Brenda L. Perry — are named in the complaint as being illegally endorsed and cashed at Associated Bank.

Attempts to reach Wade were unsuccessful.

Contact information for Perry could not be found.

Scull’s complaint alleges Milwaukee-based industrial staffing agency, B.G. Staffing LLC, illegally cashed and deposited the check from Wade.

B.G. is a defendant in a separate lawsuit filed by Scull.

But B.G. attorney Bruce O’Neill, of Fox, O’Neill & Shannon SC, Milwaukee, said nobody at the company had any knowledge of the check.

“He did do a little temporary work for my client and they issued checks to him,” O’Neill said. “But they didn’t get any coming the other way, so Mr. Scull’s claims have no validity or substance.”

Scull’s initial complaint Tuesday didn’t include specifics as to when the checks were cashed or for what amounts. The lack of that information was raised by the defendants as a reason to dismiss the case.

Scull declined to reveal the amount of money he is seeking. He said he had proof the checks existed and that he planned to explain his claims in an amended lawsuit.

“Of course they are going to deny it at this point,” Scull said. “But I’ve got letters right here from the bank that documents the checks.”

Scull declined, though, to show the letters. He said they would be produced in court, when needed, as evidence to support his claim.

Scull, who is unemployed and homeless, said he wanted to find an attorney before the June 26 hearing to represent him pro bono. Scull said he had done all the research on the case and was confident he would prevail.

“Once my attorney, or if I have to go through it, asks the defendants to produce the evidence, they will have to produce it,” he said. “It’s not hoping. It’s a done deal and it’s just a matter of time.”


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