Friday, December 1, 2017

Counsel's Repeated Violations of Local Rules, Rules of Professional Conduct, and FRCP 11 Require Removal From Case

The court granted plaintiff's emergency motion to sanction defendant and removed defense counsel from the case. "⁠[Counsel] has repeatedly violated the standards of attorney conduct as adopted by this Court’s Local Rules and the Texas Disciplinary Rules of Professional Conduct and has violated Federal Rule of Civil Procedure 11. Despite multiple warnings from the Court to perform in a responsive and diligent manner, [counsel] has continued to ignore communications from [plaintiff] for unproduced and overdue discovery, emails and phone calls from the Mediator to schedule mediation in accordance with the Docket Control Order, and orders from this Court to appear at mediation and to appear in-person for a show cause hearing. In addition, [counsel's] conduct has not only wasted the Court’s, Plaintiff’s, and the Mediator’s time and resources, but has significantly harmed his client’s defense. . . . The Court finds that the interests of the Parties, as well as the administration of justice, require that [counsel] be removed from this case."

Virtual Fleet Management, LLC v. Land Air Sea Systems, Inc., 2-16-cv-01108 (TXED November 29, 2017, Order) (Gilstrap, USDJ)

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