Former ‘Jacks employees file suit against Hutchins, firms

A trio of former Bangor Lumberjacks is taking a swing at the independent league baseball franchise’s former owner.

Former general manager Curt Jacey, assistant GM Ryan Conley and manager Chris Carminucci have filed an eight-count lawsuit in Penobscot County Superior Court against ex-Lumberjacks owner Charles “Chip” Hutchins of Brewer, Lumberjack Baseball LLC, and AVG Acquisition Corporation Inc.

Jacey, Conley and Carminucci maintain in their suit, handled by Bangor attorney Charles E. Gilbert III, that Hutchins, principal owner of LBLLC and AVG, gave them assurance their contracts for the 2005 season would be fulfilled and personally guaranteed the contracts of Jacey and Carminucci. It also alleges that AVG personally guaranteed Conley’s contract.

The suit further alleges that the defendants breached the contracts by failing to pay the trio and announcing the team would be shut down before the start of the 2005 Can-Am League season.

“This is pretty much a run-of-the-mill contract case,” said Gilbert. “The only wrinkle is we allege there are multiple responsible parties.”

Hutchins has filed a 12-part counterclaim, alleging that the suit fails to state a claim upon which relief can be granted and that the complaint is barred (wholly or partly) by the statute of frauds and/or three different doctrines of law.

Hutchins’ countersuit further contends that the plaintiffs actively participated in, or were aware of, efforts by Hutchins to sell the franchise, and that Jacey received advances against an expected commission on the sale of the Lumberjacks franchise to another party and owes the defendants restitution.

The counter complaint also alleges that compensation should come from Jacey, who “improperly and without authority held himself out to … Conley and Carminucci… as an agent of Lumberjack Baseball LLC.

“I think the counterclaim speaks for itself and we will present our side of the story in due time. We believe their claims are not well founded and they were treated in a fair way,” said Frank McGuire who, along with fellow Bangor attorney Paul Chaiken, is representing Hutchins. “I don’t think it’s fruitful to get into the details of the dispute in the press.”

The lawsuits result from the folding of the Lumberjacks franchise after two years of operation in Orono (2003) and Bangor (2004) as a member of the Northeast and renamed Can-Am leagues. Bangor’s league membership was terminated when Hutchins was unable to pay either the annual league membership fee ($30,000), a newly-instituted and one-time $100,000 security deposit required from each franchise, or both, last April.

Provided the suit is not settled out of court or thrown out of court by the presiding judge, both McGuire and Gilbert said they expect the case to actually reach the courts, by next summer at the earliest. The “discovery period” (when legal parties must disclose data or documentation to another party) for this suit does not expire until June 1, 2006.

Carminucci, who said his agreed-upon salary for 2005 was “about $25,000” shortly after he was hired, maintains that Hutchins owes him approximately $4,500 – an amount that covers the work he did on the Lumberjacks’ behalf during preseason such as scouting and finding players.

The 2005 season was Carminucci’s first as a minor league manager. The folding of Bangor’s franchise did not prevent him from managing as he was hired by the Can-Am League to manage the Grays, a league-funded traveling team that filled Bangor’s game dates on the schedule.

“I just want what’s due to us. I just want what he promised to pay us,” said Carminucci. “Technically, I could go after him for the whole $25,000. I expected him to honor his commitment and pay his bills. I even was willing to have him pay me in installments over time, but we got the whole check’s-in-the-mail thing [from Hutchins].”

Attempts to reach Hutchins and Jacey were unsuccessful.

“We would certainly like to see the claims of the plaintiffs be dismissed,” McGuire said. “Our view is the plaintiffs’ claim should not prevail, the counterclaim is legitimately based in fact, and we will let the court decide.”

Gilbert said, “This won’t turn on any one statement by Hutchins. It will turn on a whole course of events over a period of time that shows they [Jacey, Conley and Carminucci] were duly employed.”