Filed: Apr. 22, 2014
Latest Update: Apr. 22, 2014
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Plaintiff U.S. Legal Support, Inc. alleges that defendants Ameen Hofioni and Morgan Albanese, its former employees, misappropriated certain trade secrets, confidential information, and personal property, both for their own benefit and for the benefit of their new employer, defendant The LIT Group, and its affiliated entities, defendants Hutchings Court Reporters, LLC and Litigation Services. 1 Defendants' attorneys, from the law firm of Squire Sande
Summary: ORDER LAWRENCE K. KARLTON, District Judge. Plaintiff U.S. Legal Support, Inc. alleges that defendants Ameen Hofioni and Morgan Albanese, its former employees, misappropriated certain trade secrets, confidential information, and personal property, both for their own benefit and for the benefit of their new employer, defendant The LIT Group, and its affiliated entities, defendants Hutchings Court Reporters, LLC and Litigation Services. 1 Defendants' attorneys, from the law firm of Squire Sander..
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ORDER
LAWRENCE K. KARLTON, District Judge.
Plaintiff U.S. Legal Support, Inc. alleges that defendants Ameen Hofioni and Morgan Albanese, its former employees, misappropriated certain trade secrets, confidential information, and personal property, both for their own benefit and for the benefit of their new employer, defendant The LIT Group, and its affiliated entities, defendants Hutchings Court Reporters, LLC and Litigation Services.1
Defendants' attorneys, from the law firm of Squire Sanders (US) LLP ("Squire Sanders"), now move to withdraw as counsel for defendant Hofioni. (ECF No. 50.) Hofioni opposes the motion, which came on for hearing on April 21, 2014. Appearing on behalf of Squire Sanders was Stacie D. Yee, a partner with the firm and one of defendants' attorneys of record. Appearing on behalf of Hofioni was Daniel L. Baxter of the law firm of Wilke Fleury Hoffelt Gould and Birney LLP ("Wilke Fleury"). Plaintiff's counsel did not appear. According to Mr. Baxter, he currently represents Hofioni solely for the purposes of this motion.
Having reviewed the parties' filings and considered counsels' arguments at hearing, the court hereby orders as follows:
No more than fifteen (15) days after docketing of this order, Squire Sanders is DIRECTED to file with the court a statement indicating whether it will consent to turn over to Wilke Fleury copies of all written communications (as well as written notes or transcripts of any communications not reduced to writing) between Squire Sanders and the Non-Hofioni Defendants regarding (i) the circumstances leading up to Squire Sanders' decision to withdraw from representing Hofioni, including, but not limited to, settlement discussions with plaintiff, and efforts to obtain Hofioni's signature on the Common Representation Agreement (a copy of which, the court believes, is attached as Exhibit B to Hofioni's Declaration, ECF No. 53-1), and (ii) any agreement to pay the costs of Hofioni's legal representation and/or to indemnify him for damages herein. If Squire Sanders agrees to turn over these documents to Wilke Fleury, the latter firm will, consonant with Mr. Baxter's representations at hearing, be permitted to use these documents solely for the purposes of (i) showing whether or not Squire Sanders breached its duty of loyalty to Hofioni and/or (ii) establishing Hofioni's rights to legal representation and/or indemnification. If Squire Sanders does not agree to turn over the specified documents to Wilke Fleury, the court will infer from the totality of the circumstances that Squire Sanders colluded with the Entity Defendants to obtain Hofioni's signature on the Common Representation Agreement and thus violated its duty of loyalty to Hofioni. Accordingly, it will enter an order barring Squire Sanders as counsel for any and all defendants herein.
IT IS SO ORDERED.
