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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 FALCONPOINT UNLIMITED, LLC, a
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Plaintiff,

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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
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individual; DOES 1 through 50,
Defendants.

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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

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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 [phone].

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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
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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
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R.
14 Civ. L.R 7-5.
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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
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IT IS SO OR
T
RDERED.

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Date: January 5, 2015
y

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_____
_________
__________
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0234 NC
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ORDER TO SHOW CAUSE
R

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