Falconpoint Unlimited, LLC v. Senn et al

Filing 40

ORDER TO SHOW CAUSE RE: DISQUALIFICATION. Response due by 1/16/2015. Signed by Judge Nathanael M. Cousins on 1/5/2015. (nclc2, COURT STAFF) (Filed on 1/5/2015)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 FALCONPOINT UNLIMITED, LLC, a 12 Plaintiff, 13 14 Case No. 14-cv-02342 NC Delaware limited liability company, ORDER TO SHOW CAUSE RE: DISQUALIFICATION v. KEVIN J. SENN, ESQ., an individual, 15 SENN LAW, a professional corporation, RANDOLPH MCCONVILLE, an 16 individual; MONA MCCONVILLE, an 17 18 individual; DOES 1 through 50, Defendants. 19 20 Plaintiff Falconpoint Unlimited, LLC brings this action for fraud and breach of 21 contract against defendants Randolph and Mona McConville, Kevin J. Senn, and Senn Law. 22 Dkt. No. 1. Kevin Senn has appeared as counsel of record for himself, Senn Law, as well as 23 the McConvilles. By January 16, 2015, Kevin Senn must show cause in writing why he 24 should not be disqualified from representing the other defendants in this case due to a 25 potential or actual conflict of interest. See In re Cnty. of Los Angeles, 223 F.3d 990, 995 26 (9th Cir. 2000) (holding that matters of disqualification are governed by state law); Civ. 27 L.R. 11-4(a) (requiring compliance with the standards of professional conduct required of 28 members of the State Bar of California). See also Cal. Rules of Prof’l Conduct 3-310 Case No. 14-cv-02342 NC ORDER TO SHOW CAUSE ing resentation of adverse interests); C Concat LP v. Unilever PLC, 350 F. r, 1 (governi the repr rds d 04) g egal ing 2 Supp. 2d 796, 815, 819-20 (N.D. Cal. 200 (setting forth the le standar governi the t tion). 3 issue of concurrent representat 4 Additionally, Kevin Sen must imm , nn mediately p provide a co of this o opy order to the villes. The McConvill may file a separate response to the order t show cau by les o to use 5 McConv uary dline, if the wish. Fo additiona guidance, the McCon ey or al nvilles may y 6 the Janu 16 dead t H ovides infor rmation and limited-scope legal ad d dvice 7 contact the Legal Help Center, which pro r e n s T Help an ment, 8 to pro se litigants in civil cases for free. The Legal H Center requires a appointm an e 9 which ca be made by calling (415) 782-8982. 10 0 Fa alconpoint also may fil a brief ad a le ddressing th conflict o interest issue by Jan he of nuary 5. 11 23, 2015 1 12 2 An factual contentions made in re ny c esponding to the order to show cau must be o use e opriate refe ed fidavit or de eclaration and by appro a erences to th record. See he 13 supporte by an aff 3 R. 14 Civ. L.R 7-5. 4 15 5 After reviewi the resp ing ponse(s) to the order to show caus the Cour will decid if it t o se, rt de sary d tiary hearin on this is ng ssue. 16 is necess to hold an evident 6 17 7 IT IS SO OR T RDERED. 18 8 Date: January 5, 2015 y 19 9 _____ _________ __________ ____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 20 0 21 1 22 2 23 3 24 4 25 5 26 6 27 7 28 8 Case No. 14-cv-0234 NC 42 ORDER TO SHOW CAUSE R 2

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