Leduc Gifts & Specialty Products, LLC v. Sachs

363 F. Supp. 3d 980
CourtDistrict Court, D. Maine
DecidedJune 15, 2018
DocketCIVIL NO. 15-2743 (JRT/DTS); CIVIL NO. 15-2744 (JRT/DTS)
StatusPublished

This text of 363 F. Supp. 3d 980 (Leduc Gifts & Specialty Products, LLC v. Sachs) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leduc Gifts & Specialty Products, LLC v. Sachs, 363 F. Supp. 3d 980 (D. Me. 2018).

Opinion

DAVID T. SCHULTZ, United States Magistrate Judge

The above matter came before the undersigned on June 15, 2018 upon Plaintiffs' Motion to Disqualify Skolnick & Joyce, PA [Civil 15-2743, Docket No. 380; Civil 15-2744, *981Docket No. 415] and Andrew Bardwell, Esq. and Skolnick & Joyce, PA's oral Motion to Withdraw as Counsel Without Substitution. There was no opposition to either motion.

Adrianna Shannon, Esq. and Bonnie Smith, Esq. appeared on behalf of Plaintiffs; Andrew Bardwell, Esq. appeared on behalf himself and the Skolnick & Joyce, PA Firm.

The Court, being duly advised in the premises, and for the reasons stated on the record, now makes and enters the following Order.

IT IS HEREBY ORDERED:

1. Plaintiffs' Motion to Disqualify Skolnick & Joyce, PA [Civil 15-2743, Docket No. 380; Civil 15-2744, Docket No. 415] is GRANTED;

2. Andrew Bardwell, Esq. and Skolnick & Joyce, PA's oral Motion to Withdraw as Counsel Without Substitution is GRANTED.

3. On or before June 25, 2018, Andrew Bardwell, Esq. and Skolnick & Joyce, P.A. must return their entire original files on this matter to Defendant Dan Sachs. Counsel may retain a copy of their file, if desired.

4. All future communications with Defendants shall be at:

Dan Sachs2251 Las Palmas DriveCarlsbad, CA 82011Cell: 312-415-7010Emails: dan@livefamous.com and dan@incven.com
DSC Products, Inc.c/o Dan Sachs2251 Las Palmas DriveCarlsbad, CA 82011Cell: 312-415-7010Emails: dan@livefamous.com and dan@incven.com

5. It is Defendants' obligation to keep the Court and opposing counsel apprised of any change of contact information, including mailing addresses, telephone numbers and email addresses.

6. Defendants DSC Products, Inc. and DSC Products Holding, LLC are reminded that a corporation may not proceed pro se in this district. See Ackra Direct Marketing Corp. v. Fingerhut Corp. , 86 F.3d 852, 857 (8th Cir. 1996). Failure of Defendants DSC Products, Inc. and DSC Holding, LLC to obtain substitute counsel may result in a judgment against them.

7. Defendant Dan Sachs, as a pro se party, may register to use the Court's Electronic Court Filing System ("ECF"). A copy of the Revised Local Rules regarding ECF may be obtained from the Clerk of Court's Office. If Dan Sachs does not register to use the Court's Electronic Court Filing System, his documents will then be scanned and uploaded to ECF by the Clerk of Court's office staff.

8. As Defendant Dan Sachs is presently representing himself, he is reminded of the need to obtain and review a copy of the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Minnesota. Defendant is also directed to the District of Minnesota's webpage: Representing Yourself (Pro Se) on its website. This webpage contains a collection of resources designed to be of assistance to pro se filers. Resources include a Pro Se Civil Guidebook, glossary and answers to common pro se questions.

9. There shall be no ex parte communications by any party or counsel with the Judge. Therefore, any person seeking to communicate with the Judge in writing must copy the opposing party or counsel with any written communication to the Judge, and all oral communications with *982the Judge must include the opposing counsel or party.

MEMORANDUM

Plaintiffs' counsel has moved to disqualify Defendants' counsel, Skolnick & Joyce PA, from continuing to represent Defendants, and Defendants' counsel has moved to withdraw from that representation. Both moving parties claim that Skolnick & Joyce cannot continue representation, because to do so will inevitably put them - and has put them - in a conflict between their ethical obligations to their client and their ethical obligations to both the Court and opposing counsel. The factual bases for the motions are identical, and in this case, the legal standard governing their resolution is largely the same. Compare Minn. R. Prof. Conduct 1.16(a) with Gifford v. Target Corp. , 723 F.Supp.2d 1110, 1116 (D. Minn. 2010).

ANALYSIS

Local Rule 83.7(c) provides that an attorney who seeks to withdraw from representation without substitution must do so by motion upon a showing of good cause. L.R. 83.7(c). In addition, Local Rule 83.6(a), adopts the Minnesota Rules of Professional Conduct. Rule 1.16(a) of the Minnesota Rules of Professional Conduct mandates that a lawyer "shall withdraw from the representation of a client if: (1) the representation will result in a violation of the Rules of Professional Conduct or other law." Minnesota Rule of Professional Conduct 1.16(a) ; In Re Petition for Distribution of Attorneys' Fees Between Stowman Law Firm, P.A. , 870 N.W.2d 755, 761 (Minn. 2015) ("The Rules of Professional Responsibility require attorneys to withdraw in certain circumstances. For example, an attorney must withdraw when continued representation will result in violation of the Rules of Professional Conduct or other law or the attorney's ability to represent the client is 'materially impair[ed],' " quoting Minn. Rule Prof. Conduct 1.16(a)(1)-(2) ).

Thus, under Local Rule 83.7"good cause" exists for withdrawal without substitution when counsel cannot adequately represent a client without violating the Rules of Professional Conduct. Crossroads Residents Organized For Stable and Secure ResiDencies (CROSSRDS) v. MSP Crossroads Apartments LLC , No. CV 16-233 (ADM/KMM), 2017 WL 978977, at *3 (D. Minn. Mar. 13, 2017).

Minnesota Rules of Professional Conduct impose ethical obligations on attorneys that run not only to their client, but also to the Court and opposing counsel. Specifically, Rule 1.6 forbids a lawyer from "knowingly reveal[ing] information relating to the representation of a client." Minn. Rule Prof. Conduct 1.6(a). Simultaneously, Rule 3.3 of the Minnesota Rules of Professional Conduct imposes on all lawyers a duty of candor to the Court. In addition, Rule 3.4 imposes an obligation of openness and fairness to the opposing party and counsel. Minn. Rule Prof. Conduct 3.4.

When an attorney's continued representation of a client will bring his/her concurrent obligations under Rule 1.6 and Rule 3.3 into conflict, the attorney is ethically required to withdraw from the representation. State v. Krause , 817 N.W.2d 136

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Related

Gifford v. Target Corp.
723 F. Supp. 2d 1110 (D. Minnesota, 2010)
State v. Krause
817 N.W.2d 136 (Supreme Court of Minnesota, 2012)
In re Distribution of Attorney's Fees Between Stowman Law Firm, P.A.
870 N.W.2d 755 (Supreme Court of Minnesota, 2015)

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Bluebook (online)
363 F. Supp. 3d 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leduc-gifts-specialty-products-llc-v-sachs-med-2018.