KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION

CourtDistrict Court, D. New Jersey
DecidedFebruary 27, 2025
Docket3:23-cv-22465
StatusUnknown

This text of KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION (KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION, (D.N.J. 2025).

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

DAVID J. KHAWAM,

Plaintiff, Civil Action No. 23-22465 (GC) (JTQ) v. OPINION ELLIS ALLEN, et al.,

Defendants.

CASTNER, District Judge

THIS MATTER comes before the Court upon Defendants Ellis Allen, Michael McCormick, and Alicia Williams’s Motion to Dismiss, (ECF No. 31), pro se Plaintiff David Khawam’s Third Amended Complaint (TAC). (ECF No. 17.) Plaintiff opposed the Motion, (ECF No. 32), and Defendants replied. (ECF No. 38.) The Court has carefully considered the parties’ submissions and decides the Motion without oral argument pursuant to Federal Rule of Civil Procedure (Rule) 78(b) and Local Civil Rule 78.1(b). For the reasons set forth below, and other good cause shown, Defendants’ Motion is GRANTED in part and DENIED in part. I. BACKGROUND1 On March 2, 2021, the Supreme Court of New Jersey, upon Plaintiff’s consent, disbarred Plaintiff, “permanently restrain[ing] and enjoin[ing]” him from practicing law in the State, “restrain[ing]” all funds maintained by Plaintiff from disbursement, transferring those funds to the Clerk of the Superior Court for deposit in the Superior Court Trust Fund, and ordering Plaintiff to

1 On a motion to dismiss under Rule 12(b)(6), the Court must accept all facts as true, but courts “are not bound to accept as true a legal conclusion couched as a factual allegation.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal citation and quotations omitted). reimburse the Disciplinary Oversight Committee “for appropriate administrative costs and actual expenses incurred in the prosecution” of the action.2 (ECF No. 31-2 at 30.)3 A. The New Jersey Lawyers’ Fund for Client Protection The New Jersey Court Rules require the Supreme Court of New Jersey to appoint “seven trustees” to “administer and operate” the New Jersey Lawyers’ Fund for Client Protection (the

Fund). N.J. Ct. R. 1:28-1(a). The Fund’s purpose is the “reimbursement . . . of losses caused by the dishonest conduct of members of the bar of [New Jersey].” Id. Five trustees must be members of the New Jersey bar, and two members must not be attorneys. N.J. Ct. R. 1:28-1(b). The Fund’s trustees are required to adopt rules and regulations, “governing the administration of the Fund, the procedures for the presentation, consideration and payment of claims, and the exercise of their investment powers.” N.J. Ct. R. 1:28-1(d). The trustees serve without compensation and are entitled to reimbursement from the Fund for “their expenses reasonably incurred in the performance of their duties.” N.J. Ct. R. 1:28-1(e). The trustees may “employ and compensate consultants, agents, legal counsel and such other employees as they deem necessary and appropriate consistent with personnel policies of the judiciary.” N.J. Ct. R. 1:28-5(c). “The Board

of Trustees, Director and Counsel, Deputy Counsel, Secretary and all staff personnel shall be absolutely immune from suit, whether legal or equitable in nature, for any conduct in the performance of their official duties.” N.J. Ct. R. 1:28-1(f). When determining whether to issue payment in a particular matter, trustees may consider “all claims resulting from the dishonest conduct of a member of the bar of this state.” N.J. Ct. R.

2 The Court takes judicial notice of the Supreme Court of New Jersey’s Order disbarring Plaintiff as a matter of public record. See Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2010).

3 Page numbers for record cites (i.e., “ECF Nos.”) refer to the page numbers stamped by the Court’s e-filing system and not the internal pagination of the parties. 1:28-3(a). The attorney must have engaged in the conduct while a “practicing member of the Bar” of New Jersey or admitted pro hac vice in a pending matter in New Jersey. N.J. Ct. R. 1:28- 3(a)(1). Generally, the claim must be filed “within one year of” the attorney’s disbarment or the earliest of another event set forth in Rule 1:28-3(a)(2). N.J. Ct. R. 1:28-3(a)(3). However, the trustees “in their discretion” may extend this time limitation. N.J. Ct. R. 1:28-3(a)(3). The claim

can be made “directly by or on behalf of the injured client or the client’s personal representative.” N.J. Ct. R. 1:28-3(a)(4). The trustees “in their sole discretion but on the affirmative vote of 4 of them . . . determine which eligible claims merit reimbursement from the Fund and the amount, time, manner, conditions and order of payment of reimbursement.” N.J. Ct. R. 1:28-3(b). The trustees, the Director of the Fund, or “an attorney designated to act on behalf of the trustees,” after “determining that any person has knowledge or is in possession or custody of books, papers, documents or other objects relevant to the disposition of a claim, may issue a subpoena or a notice in lieu of subpoena in the name of the Clerk of the Superior Court.” N.J. Ct. R. 1:28-6(a). Subpoenas must be served “in the manner prescribed by R. 1:9,” except when serving “an attorney

who is a witness or a party.” Id. In that case, service may be effectuated by “certified mail” and “simultaneously by first class mail.” Id. In general, “[a]ll proceedings conducted and records made or maintained by the Fund in connection with the filing or consideration of claims shall be confidential and shall not be disclosed.” N.J. Ct. R. 1:28-9(a). However, “[o]nce a claim has been approved for payment, the Fund may, upon written request, make available the following information”: (A) name and address according to Fund records of the respondent attorney, (B) name and city of residence of the claimant, (C) the amount claimed, (D) the amount awarded, and (E) a summary of the factual basis for the claim. N.J. Ct. R. 1:28-9(a)(1)(A)-(E). In addition, “nothing . . . shall preclude the release of information to the respondent and claimant or their attorneys or to the authorities specified in R. 1:28-3(a)(5).” N.J. Ct. R. 1:28-9(a)(2). B. Allegations Regarding the Fund’s Reimbursement of Plaintiff’s Clients Plaintiff alleges that, since his disbarment, Defendants have “weaponize[d]” the law and “target[ed]” him by “fishing” for and “paying” cases that were “well outside one (1) year of

disbarment” to “harass,” “assault,” and “bury” Plaintiff for “standing up against them.” (ECF No. 17 ¶¶ 50, 78-81, 100, 118.) Plaintiff alleges that the Fund is “secretive” regarding “who owns the debt, who is suing you, and who is investigating you, allegedly suing under fictitious names or on behalf of the individual owed the debt. (Id. ¶ 36.) Plaintiff references several specific cases in which “Defendant”4 allegedly violated his “due process and civil rights.” (Id. ¶¶ 90-95.) He claims that in these cases, “Defendant” did not give Plaintiff the right to defend himself, did not share “their” investigations with him, did not tell him about hearing dates, and did not give him the right to counsel. (Id. ¶¶ 84-87.) Plaintiff provides detailed allegations regarding only one such case, “Estate of Vonderlieth v. Khawam” or “NJ State Docket Burl-L-0621-23.” (Id. ¶¶ 101, 113.) In that case, Plaintiff claims

that Defendant Ellis Allen, who investigated the claim, “convinced a party” that Plaintiff had forged “her” name and “had her sign an affidavit.” (Id. ¶ 102.) Plaintiff does not identify in the TAC the “party” to which he is referring. He claims that Vonderlieth’s executor pursued litigation against him based on this alleged affidavit. (Id. ¶ 103.) Plaintiff asserts that Vonderlieth’s counsel

4 Repeatedly throughout the TAC, Plaintiff refers to a single “Defendant.” (E.g., ECF No.

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KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khawam-v-new-jersey-lawyers-fund-for-client-protection-njd-2025.