In Re: Attorney Christian De Olivas

Filing 33

ORDER Following Hearing: On 11/10/2009, the Court held a hearing. At the hearing, Mr. De Olivas affirmed that he never received notice of the 10/14/2009 telephonic case management conference. The Court accepts Mr. De Olivas' representations and declines to impose sanctions for his failure to attend the 10/14/2009 status hearing. However, because Mr. De Olivas acknowledged continuing problems with his electronic communication systems, the Court orders Mr. De Olivas to investigate the reasons behind this and to file a declaration on or before 11/17/2009 detailing his investigation and the actions he has taken to ensure that future electronic correspondence will be received. With respect to compliance with the settlement agreement, the Co urt orders Mr. De Olivas to obtain all the available information from the MCLE class provider regarding the CLE classes he completed, including the start and completion times for each course, and to file a declaration explaining and attaching the res ults on or before 11/17/2009. The Discipline Committee may file a response on or before 12/1/2009. Mr. De Olivas may file a reply to the Discipline Committee's response on or before 12/8/2009. A hearing will be held on 12/14/2009 at 02:00 PM bef ore Magistrate Judge Barbara Lynn Major in Courtroom H. Mr. De Olivas and counsel for the Discipline Committee must appear in person. Signed by Magistrate Judge Barbara Lynn Major on 11/16/2009. (All non-registered users served via U.S. Mail Service.) (mdc) (jrl).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STANDING COMMITTEE ON DISCIPLINE, Petitioner, v. CHRISTIAN DE OLIVAS, Respondent. ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv1575-WQH (BLM) ORDER FOLLOWING HEARING UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On October 5, 2009, this Court issued an order setting a telephonic case management conference for October 14, 2009 at 2:00 p.m. Doc. No.

20. At the designated time on October 14, 2009, this Court convened the scheduled conference. William E. Grauer of Cooley Godward Kronish, LLP

and Daniel Eaton of Seltzer Caplan McMahon Vitek appeared on behalf of the Discipline Committee. Respondent Christian De Olivas did not The Court therefore ordered Mr. De

participate in the conference.

Olivas to appear in person to show cause why sanctions should not be imposed. Doc. No. 22. The Court also set a status hearing regarding

Mr. De Olivas' compliance with the September 24, 2008 settlement agreement he entered into with the Discipline Committee. Id. The

hearing on the above matters was scheduled for November 10, 2009 at 2:00
08cv1575-WQH (BLM)

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p.m. In advance of the hearing, Mr. De Olivas filed a declaration regarding the imposition of sanctions in which he stated that "he did not receive notice of [the telephonic case management] conference." Doc. No. 23. He also filed a declaration attesting to his compliance Doc. No. 24. to Mr. Thereafter, De Olivas'

with the terms of the settlement agreement. the Discipline Committee filed a

response

declarations.

Doc. No. 27.

The Discipline Committee expressed serious

concerns about Mr. De Olivas' communication systems and his readiness to return to practice in the Southern District of California. Accordingly, it made the following recommendations to the Court: 1. Extend the suspension for an additional six months, to end March 24, 2010; 2. During the extended period of suspension, require Mr. De Olivas to attend in-person an additional 15 hours of live MCLE programing in legal ethics, with monthly reports of his progress sent to the Committee via Mr. Eaton; 3. Impose and extend the terms of the Probationary Period set forth in paragraphs 4 and 5 of the September 24, 2008 order to a period of one year, beginning March 24, 2010; 4. Require that Mr. De Olivas establish and maintain at least two functional means of receiving communication at his law office; 5. Continue to retain jurisdiction over this matter; and 6. Such other relief that this Court may deem proper if it determines that Mr. De Olivas misrepresented the status of his Id.

competition of the MCLE requirements of the suspension order. Id. On November 10, 2009, the Court held a hearing on the above -208cv1575-WQH (BLM)

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matters.

Mr. Eaton appeared on behalf of the Discipline Committee and At the hearing, Mr. De

Mr. De Olivas appeared on behalf of himself.

Olivas affirmed that he never received notice of the October 14, 2009 telephonic case management conference. The Court accepts Mr. De Olivas' representations and DECLINES to impose sanctions for his failure to attend the October 14, 2009 status hearing. Olivas acknowledged continuing problems However, because Mr. De with his electronic

communication systems, the Court ORDERS Mr. De Olivas to investigate the reasons behind this and to file a declaration on or before November 17, 2009 detailing his investigation and the actions he has taken to ensure that future electronic correspondence will be received. With respect to compliance with the settlement agreement, Mr. De Olivas reiterated that he fully complied with the terms of the

settlement agreement.

He also explained that he used his laptop The Discipline

computer at work to take the on-line CLE courses.

Committee did not present contradictory evidence but continued to express its concern regarding whether Mr. De Olivas complied with the letter, and spirit, of the settlement agreement. To verify Mr. De

Olivas' compliance, the Court ORDERS Mr. De Olivas to obtain all the available information from the MCLE class provider regarding the CLE classes he completed, including the start and completion times for each course, and to file a declaration explaining and attaching the results on or before November 17, 2009. In this declaration or an accompanying

brief, Mr. Olivas also may present any arguments or information in response to the Discipline Committee's recommended sanctions. The

Discipline Committee may file a response on or before December 1, 2009. Mr. De Olivas may file a reply to the Discipline Committee's response on or before December 8, 2009. A hearing will be held on December 14, -308cv1575-WQH (BLM)

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2009 at 2:00 p.m. before the Honorable Barbara L. Major in Courtroom H. Mr. De Olivas and counsel for the Discipline Committee must appear in person. IT IS SO ORDERED.

DATED:

November 16, 2009

BARBARA L. MAJOR United States Magistrate Judge

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08cv1575-WQH (BLM)