Telecom Management, Inc. v. Elie

Opinion

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STATE OF MAINE SUPERIOR COURT Cumberland, ss.

TELECOM MANAGEMENT, INC. and PETER BOUCHARD

Plaintiffs

V. Docket No. CUMSC-CV-16-0451

MICHAEL ELIE STATEQfdA;,~ .

Cum~rl:md CurY1Ji\lE

, -~s. ferk'$ Office

Defendant

MAR 22 2017

ORDER ON DEFENDANT'S MOTION TO DISQUALIFY RECEIVED Defendant Michael Elie's Motion to Disqualify the Law Firm of Norman, Hanson &

Detroy is before the court. No opposition to the Motion has been filed.

The Motion was docketed February 24, 2017, and attorney Sharon's cover letter of February 21, 2017 recites that a copy has been sent to Plaintiffs' counsel. The Motion contains

the notice referred to in M.R. Civ. P. 7(b)(1)(A) (failure to file opposition to a motion within 21 r

days constitutes a waiver of objection and allows the court to act on the motion without further

notice or hearing). The waiver of objection does not mean that the motion automatically is . '

granted, but in this case, the motion -recites a sufficient basis for disqualification under the ---- ·

Maine Rules of Professional Conduct, so it will be granted.

IT IS HEREBY ORDERED:

1. Defendant Michael Elie's Motion to Disqualify the Law Firm of Norman, Hanson & Detroy is granted without objection. The Norman, Hanson & DeTroy firm is hereby disqualified from representing the Plaintiffs in this case.

2. "'Within 20 days of this Order, Plaintiffs shall either cause a member of the Maine Bar

to enter an appearance on their behalf or, in the case of Plaintiff Peter Bouchard only, shall ' '

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-. - ­- __..., _ ­ notify the court that he will be representing himself Plaintiff Telecom Management, Inc.

must be represented by an attorney licensed to practice in Maine. See 4 M.R.S. § 807. See also Land Management, Inc. v. Dep't ifEnvironmental Protection,368 A.2d 602, 603 (Me. 1977).

Failure to comply may result in dismissal of the case .

.3. During the 20-day period permitted by paragraph 2, no action adverse to the Plaintiffs will be taken in this case.

Pursuant to M.R. Civ. P. 79(a), the clerk is hereby directed to incorporate this Order by

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reference in the docket.

Dated March 22, 2017

A. M. Horton, Justice

CLERK OF COURTS Cumberland County 205 Newbury Street, Ground Floor Portland, ME 04101

PETER BOUCHARD

TELECOM MANAGEMENT

39 DARLING AVE

SOUTH PORTLAND, ME 04106

CLERK OF COURTS Cumberland County 205 Newbury Street, Ground Floor Portland, ME 04101

LEONARD SHARON, ESQ

223 MAIN STREET

AUBURN, ME 04210-5833

CLERK OF COURTS Cumberland County 205 Newbury Street, Ground Floor Portland, ME 04101

PAUL DRISCOLL, ESQ

MICHAEL DEVINE, ESQ

NORMAN HANSON & DETROY LLC PO BOX4600

PORTLAND, ME 04112-4600

T .

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