Filed: May 28, 2014
Latest Update: May 28, 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..
More
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 this motion. Daniel L. Baxter and George A. Guthrie of the law firm of Wilke Fleury Hoffelt Gould and Birney LLP ("Wilke Fleury") represent Hofioni solely for the purposes of this motion.
The motion came on for hearing on April 21, 2014. By Order dated April 22, 2014, the court directed Squire Sanders to provide notice as to whether the firm would consent to turn over to Wilke Fleury copies of any communications with 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 . . . and (ii) any agreement to pay the costs of Hofioni's legal representation and/or to indemnify him for damages herein." (Order, ECF No. 57.) The Order further provided that if Squire Sanders refused to turn over these documents, then the court would disqualify Squire Sanders as counsel for all of the defendants herein. (Id.)
On May 7, 2014, Squire Sanders notified the court that it would turn over the documents in question to Wilke Fleury. (ECF No. 59.) On May 9, 2014, Mr. Baxter filed a declaration averring that he would "submit an additional statement and/or declaration regarding Squire Sanders' motion to withdraw" no later than May 23, 2014. (ECF No. 60.)
The court is now in receipt of Hofioni's brief, and an accompany declaration by Mr. Baxter, which together argue for Squire Sanders' disqualification as counsel for all defendants here. (ECF No. 61.) Having reviewed these filings, the court finds that it must hear from Squire Sanders regarding the issues raised.
One other matter requires attention. Footnote 2 of Hofioni's brief provides:
Given the sensitive nature of this dispute, the undersigned [i.e., Mr. Baxter] will refrain from referencing documentary contents that are not essential to the Court's review and determination of the matter, and will similarly not attach any of the source documents to this submission. However, the undersigned will bring all relevant documents and communications to any further hearing the Court might hold, and can otherwise make all such documents available for in camera review.
Local Rule 141 provides procedures for the sealing of documents filed with the court. That the court has called this Rule to the parties' attention should not be construed as an invitation to make a large-scale filing of confidential documents. That said, if any of the parties believes that review of the whole of a communication, rather than selected excerpts, would assist the court's decisionmaking, it should avail itself of the procedures set forth in the Local Rule.
In light of the foregoing, the court hereby DIRECTS Squire Sanders to file either an opposition or a statement of non-opposition to "Ameen Hofioni's Response to Motion for Leave to Withdraw as Counsel of Record" (ECF No. 61) no later than fifteen (15) days after docketing of this Order. Any opposition may be no longer than fifteen (15) pages in length, exclusive of supporting documents. The matter will then stand submitted, unless the court determines that further oral argument is necessary.
IT IS SO ORDERED.
