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When an attorney lies to the court...

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  • Legalbear
    This motion was used in a trademark/trade dress case. The plaintiff’s attorneys neglected to inform the court of a related administrative case pending in the
    Message 1 of 6 , May 1, 2007
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      This motion was used in a trademark/trade dress case. The plaintiff’s attorneys neglected to inform the court of a related administrative case pending in the office of patents and trademarks the outcome could have taken away the very trademark the plaintiff was suing on. The sole individual defendant was trying to defend the case for the corporate defendants without using an attorney. Somehow the court had to be informed of the deception by the Plaintiff’s attorneys and the result was the motion that follows. The outcome of this motion is that when the Defendant corporations acquired an attorney, he filed a motion to withdraw this motion; thus scoring points with the Plaintiff’s attorneys and the judge and the case was ultimately settled on terms acceptable to the defendants. I just remembered that I had a copy of this motion and considered including it in my “Judge on a Leash” package offered at www.judgeonaleash.com. This is a leashing an attorney motion, but, it allows you to see the principles I described on the Google video in action. I would not keep using this over and over if it was not effective. J

      UNITED STATES DISTRICT COURT
      MIDDLE DISTRICT OF FLORIDA
      ORLANDO DIVISION

      XXXXXXXXXXXXXXX, INC., a

      Florida corporation,

      Case No. 6:06-cv-XXX-Orl-XXX Plaintiff,

      vs.

      XXXXXXXXXXX, a Florida corporation, XXXXXXXXXX, a Florida corporation, and XXXXXXXXXXXX, an individual,

      Defendants.

      ________________________________________________/

      JUDICIAL NOTICE OF ATTORNEY MISCONDUCT

                    I, AB, pursuant to Fed. R. Evid.  201(d) notify this Court of attorney misconduct as follows:

                    1. This takes the form of a notice as opposed to a motion because I do not wish to take a step in these proceedings which amounts in law to a submission to this Court's jurisdiction. I believe I still have personam jurisdiction issues that I do not wish to waive. Therefore, I am not asking this Court to do anything by way of this notice.

                    2. There is probably no need to remind this Court that it may take action on this notice “sua sponte.” See Havnor v. New York , 1898.SCT.40145 <http://www.versuslaw.com>; 170 U.S. 408 (1898)(Court takes it upon itself to determine if its’ rules have been complied with.); Wagner v. First Horizon Pharmaceutical Corp., 2006.C11.0001533< http://www.versuslaw.com> ¶ 10; No. 05-14365 (11th Cir. 2006)(Trial courts to order repleading sua sponte on “shotgun complaints.”); Flood v. Young Woman's Christian Association of Brunswick, Georgia, Inc., 2005.C11.0000024< http://www.versuslaw.com>  34; 398 F.3d 1261 (11th Cir. 2005)(Court may enter summary judgment sua sponte.).

                    3. Nor is there probably need to remind this Court that it may take action on this notice pursuant to its’ “supervisory powers.” See Piambino v. Bailey, 1985.C11.41595 <http://www.versuslaw.com>; 757 F.2d 1112 (11th Cir. 1985)(Courts may fashion procedures and remedies that ensure that the judicial process remains a fair one.); also Reynolds v. Roberts, 2000.C11.0042172 <http://www.versuslaw.com> ¶ 86; 207 F.3d 1288 (11th Cir. 2000).

                    4.  Nor is there probably need to remind this Court that it may take action on this notice pursuant to its’ “inherent powers.” See Jefferson Fourteenth Associates v. Wometco De Puerto Rico Inc., 1983.C11.41615 <http://www.versuslaw.com> ¶ 19; 695 F.2d 524 (11th Cir. 1983)(Courts have inherent power to dismiss frivolous suits.); also Chambers v. Nasco, 1991.SCT.43165 <http://www.versuslaw.com>; 501 U.S. 32 (1991)(Inherent power to impose sanctions particularly appropriate when the offending parties have practiced a fraud upon the court.)

      5. And, I am also sure that this Court is aware that federal district courts have clear statutory authority to promulgate rules governing the admission and conduct of the attorneys who practice before them. See Frazier v. Heebe, 482 U.S. 641 (1987) and Greer's Refuse Service Inc. v. Browning-Ferris Industries of Delaware, 1988.C11.41309 <http://www.versuslaw.com> ¶ 24; 843 F.2d 443 (11th Cir. 1988).

      FACTS:

                    6. On the 3rd day of July, 2006 counsel for the Plaintiff filled out and filed with this Court a form called NOTICE OF PENDENCY OF OTHER ACTIONS. That forms states, “In accordance with Local Rule 1.04(c) I certify that the instant action:…” Counsel for the Plaintiff placed an “x” in the “IS NOT” line signifying that this instant action was not “related to any pending or closed civil or criminal case filed with this Court, or any other Federal or State court, or administrative agency.” This form is signed by Robert H. XXXXXXX and immediately below his signature appears the name “AXX XXXXXXX, Trial Counsel.”

                    7. It has come to my attention that this certification, and I am not sure there is a nice way to put it, is a blatant lie and a fraud upon this court.

                    8. I have learned that on March 9th, 2006, XXXXXXXXXXX, Inc. of Florida , apparently a shoe store chain that also sells insoles, filed a Petition for Cancellation in the United States Patent and Trademark Office against the Plaintiff of this instant action seeking cancellation of the trademark “XXXXXXXXXX.”

                    9. On April 19th, 2006, none other than AXXXXXXXXXXXX, Trial Counsel on this case, filed an answer. Both the petition and the answer are attached as exhibits.

                    10. To me, that is about as much an administrative proceeding as there can be and the proceeding is still pending. I have attached a copy of the schedule in that case for this Court’s convenience.

      AUTHORITY:

                    11. It is well established that in federal district courts the general principle is to avoid duplicative litigation. I.A. Durbin Inc. v. Jefferson National Bank, 1986.C11.40829 <http://www.versuslaw.com> ¶ 50; 793 F.2d 1541 (11th Cir. 1986). This doctrine rests on considerations of wise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation. Id. Trial courts are afforded broad discretion in determining whether to stay or dismiss litigation in order to avoid duplicating a proceeding already pending in another federal court. Id.

                    12. Stays prevent duplicative expenses and prevent the possibility of inconsistent judgments. Leviton Manufacturing Co.,Inc. v. Interline Brands Inc., 2006.MFL.0002150< http://www.versuslaw.com> ¶ 18; No. 3:05-cv-123-J-33MCR (M.D.Fla. 2006).

                    13. District courts may grant a stay based on their general discretionary power to stay proceedings in the interest of justice and in control of their dockets. I.A. Durbin Inc. v. Jefferson National Bank, supra @ ¶ 50.

                    14. Local Rule 1.04(d) requires that all counsel of record in any case have a continuing duty to promptly inform the Court and counsel of the existence of any other case within the purview of this rule, as well as the existence of any similar or related case or proceeding pending before any other court or administrative agency. That rule, of course, requires that counsel notify the Court by filing and serving a “Notice of Pendency of Related Actions” that identifies and describes any related case.

                    15. The United States Supreme Court has stated that a federal court can charge attorneys with knowledge of, and hold them accountable to, state ethics rules in the state where the court sits. Thomas v. Tenneco Packaging Co., Inc., 2002.C11.0000187 <http://www.versuslaw.com> ¶ 109; 293 F.3d 1306 (11th Cir. 2002). See In re Snyder, 472 U.S. 634, 645 n.6, 105 S. Ct. 2874, 2881 n.6 (1985) ("The Court of Appeals was entitled . . . to charge petitioner with the knowledge of and the duty to conform to the state code of professional responsibility. The uniform first step for admission to any federal court is admission to a state court. The federal court is entitled to rely on the attorney's knowledge of the state code of professional conduct applicable in that state court . . . .").

                    16. This Court has done exactly that. See Local Rules 2.01(b) and 2.04(d)(Attorneys practicing in this Court, “…shall be governed by the Model Rules of Professional Conduct of the American Bar Association as modified and adopted by the Supreme Court of Florida to govern the professional behavior of the members of The Florida Bar.”)

                    17. All attorneys, as `officers of the court,' owe duties of complete candor and primary loyalty to the court before which they practice. Malautea v. Suzuki Motor Co., 987 F.2d 1536, 1546 (11th Cir. 1993). An attorney's duty to a client can never outweigh his or her responsibility to see that our system of justice functions smoothly. Id.

                    18. Florida state case law is replete with examples of discipline of attorneys practicing in both Federal and state courts who have lied to, deceived, or perpetrated a fraud on courts. See Florida Bar v. Cox, 2001.FL.0002374 <http://www.versuslaw.com> ¶¶ 17-21; 794 So.2d 1278 ( Fla. 2001)(Federal prosecutor who deceived court respecting witnesses name suspended for one year.); Florida Bar v. John son,  1994.FL.53126 <http://www.versuslaw.com>; 648 So.2d 680 ( Fla. 1994) (attorney who fabricated lease and tenant affidavit suspended sixty days); Florida Bar v. Burkich-Burrell, 1995.FL.50664  <http://www.versuslaw.com>; 659 So. 2d 1082 (Fla. 1995)(attorney who failed to review interrogatories for factual correctness and who failed to reveal prior injuries in deposition suspended thirty days); Florida Bar v. Kickliter, 1990.FL.42669 <http://www.versuslaw.com>; 559 So.2d 1123 (Fla. 1990)(attorney who forged a will and submitted it for probate disbarred) In Kickliter the Court pointed out, “The preamble to chapter 4 of the Rules Regulating The Florida Bar states: "Lawyers are officers of the court and they are responsible to the judiciary for the propriety of their professional activities." and that in taking the oath of admission to the bar attorneys must swear to "never seek to mislead the Judge or Jury by any artifice or false statement of fact or law."; and there are many more, but, I will not belabor the point.

                    At this point of this notice, since I do not wish to waive potential personam jurisdiction issues by making a general appearance by asking this Court to take some action on my behalf; I instead suggest that this Court may want to take some action on its’ own behalf, possibly disciplining or sanctioning counsel for the Plaintiff in this case using this Court’s inherent or supervisory power. In order to avoid wasting judicial resources; some courts have called judicial resources scarce, this Court might want to issue a stay on this case pending the outcome of the administrative proceedings in the United States Patent and Trademark Office since there is the possibility that the Plaintiff’s trademark will be cancelled.

                    I look forward to seeing how this Court exercises its’ inherent and supervisory power,

       

       

                                                                _______________________________________

                                                                AB 

       

       

       

      SERVICE:

       

      I, _______________________, certify that on the _____ day of ____________________, 2006 I placed a copy of JUDICIAL NOTICE OF ATTORNEY MISCONDUCT in the mail postage paid addressed to:

       

      Robert H. XXXXXXXXXXXX, Esq.

       XXXXXXXXXXXXXXXXXXXXXXXX P.A.

      XXXXXXXXXXXXXXXX

      XXXXXXXXXXXXX

       

      _____________________________________

       

       

    • soitgoes2day@aol.com
      If a litigant s attorney, knowingly either lies or misrepresents facts to the court on behalf of its client whom attorney at time is representing, and the
      Message 2 of 6 , May 1, 2007
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        If a litigant's attorney, knowingly either lies or misrepresents facts to the court on behalf of its client whom attorney at time is representing, and the same client and attorney later on have a falling out,
         
        Can this litigant either go back into court to disclose and inform court of such attorney misconduct w/o litigant getting further into trouble for the deception and lies attorney first promoted,
         
        or in alternative,
         
        Can litigant now sue (former) attorney for his fraud, misconduct, perjury and malfeasance commited by his having perpetrating it upon the court in the first place?
         
        denied due process




        See what's free at AOL.com.
      • Frog Farmer
        ... This is a great way to get to file paper without making a general appearance. It could be used with many issues. Regards, FF
        Message 3 of 6 , May 1, 2007
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          > 1. This takes the form of a notice as opposed to a
          > motion because I do not wish to take a step in these proceedings which
          > amounts in law to a submission to this Court's jurisdiction. I believe
          > I still have personam jurisdiction issues that I do not wish to waive.
          > Therefore, I am not asking this Court to do anything by way of this
          > notice.

          This is a great way to get to file paper without making a general
          appearance. It could be used with many issues.

          Regards,

          FF
        • donwebbuz
          I remember once getting into a fight there were 4 of us and a carload full of thugs, they were beating the crap out of me when one got me by a headlock and
          Message 4 of 6 , May 2, 2007
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            I remember once getting into a fight there were 4 of us and a carload
            full of thugs, they were beating the crap out of me when one got me by
            a headlock and started to squeeze, I bit his arm so hard that I almost
            fell his skin collapsing under his shirt sleeve..

            what I am trying to tell you all is that in a fight legal or
            otherwise one fights to win.. How about going after the attorney
            licence? after all they get a licence and their first duty is to the
            Court. and must inform the court of favorable and disfavorable court
            decisions that might affect the case and as officers of the court
            this is a must.. this is why when an attorney goes to court he must
            identify himself as an attorney,, I have been asked by the judge if I
            am an attorney, I have told them I am more dangerous than an attorney
            I am an informed citizen and know my rights and the court duties..if
            he fails in informing the court he is putting his licence on the line.
            Well this is just an idea on conducting an attack from all angles, by
            the way I just visited the State Bar in Austin, Texas and asked the
            question are DA's bound by the attorneys rule, answer yes, second
            question are judges if they are attorneys bound by the same rules,
            answer yes they are bound..lets bit hard on their licence to practice
            law, and if you take their licence, then they cannot be judges or DA's
            how about it?
          • Roy Dobbs
            You may want to contact the state licensing agency to find out if the attorney does in fact have a license. In Wisconsin they do not have a physical license,
            Message 5 of 6 , May 8, 2007
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              You may want to contact the state licensing agency to find out if the attorney does in fact have a license. In Wisconsin they do not have a physical license, the secretary will state that the attorney is in good standing with the State bar Association. At least try and see what the licensing agency states in a letter to you.Roy

              donwebbuz <donwebbuz@...> wrote:
              I remember once getting into a fight there were 4 of us and a carload
              full of thugs, they were beating the crap out of me when one got me by
              a headlock and started to squeeze, I bit his arm so hard that I almost
              fell his skin collapsing under his shirt sleeve..

              what I am trying to tell you all is that in a fight legal or
              otherwise one fights to win.. How about going after the attorney
              licence?
            • Michael Noonan
              ... If? What do the statutes say? What do the supreme court rules say? ... Try? One either does, or does not. There is no trying in a trying situation. I am
              Message 6 of 6 , May 8, 2007
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                --- Roy Dobbs <dobbsy49@...> wrote:

                > You may want to contact the state licensing agency
                > to find out if the attorney does in fact have a
                > license.

                If?

                What do the statutes say? What do the supreme court
                rules say?

                > At least try and see what the licensing agency
                > states in a letter to you.

                Try?

                One either does, or does not. There is no trying in a
                trying situation.

                I am guessing that somewhere in the rules for the
                state of Wisconsin it says an attorney must be
                licensed to practice law, and it is probable that
                the attorney's oath to support the constitution and
                the constitution for the state of Wisconsin shall be
                subscribed on the license.

                Don't bother to "see" what the licensing agency will
                state. Someone will write back and state the attorney
                is licensed since...date...to practice law. No
                mention will be made about a physical license.

                Cheers!

                mn

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