Getachew v. 7-Eleven, Inc. et al

Filing 49

ORDER denying 42 Pro Se Plaintiff's Motion Requesting Defendant 7-Eleven, Inc.'s Attorney Eric A. Welter to Resign Representing His Client on this Case or the United States Court to Bar Him Because of a Legal Ethical Concern and His Violation of Court's Disciplinary Rules. Each party shall pay their own attorney fees and costs for this motion, by Magistrate Judge Michael J. Watanabe on 03/21/2012.(wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02421-REB-MJW
ALEMAYEHU GETACHEW,
Plaintiff,
v.
7-ELEVEN, INC.,
Defendants.

ORDER REGARDING
PLAINTIFF’S MOTION REQUESTING DEFENDANT 7-ELEVEN, INC.’S ATTORNEY
ERIC A. WELTER TO RESIGN REPRESENTING HIS CLIENT ON THIS CASE OR
THE UNITED STATES COURT TO BAR HIM BECAUSE OF A LEGAL ETHICAL
CONCERN AND HIS VIOLATION OF COURT’S DISCIPLINARY RULES
(DOCKET NO. 42)

MICHAEL J. WATANABE
United States Magistrate Judge
This matter is before the court on the Pro Se Plaintiff’s Motion Requesting
Defendant 7-Eleven, Inc.’s Attorney Eric A. Welter to Resign Representing His Client on
this Case or the United States Court to Bar Him Because of a Legal Ethical Concern
and His Violation of Court’s Disciplinary Rules (docket no. 42). The court has reviewed
the subject motion (docket no. 42) and the response (docket no. 46) thereto. In
addition, the court has taken judicial notice of the court file and has considered
applicable Federal Rules of Civil Procedure and case law. The court now being fully
informed makes the following findings of fact, conclusions of law, and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The court finds:

2
1.

That I have jurisdiction over the subject matter and over the parties
to this lawsuit;

2.

That venue is proper in the state and District of Colorado;

3.

That each party has been given a fair and adequate opportunity to
be heard;

4.

That a motion to disqualify counsel is addressed to the sound
discretion of the district court. World Youth Day, Inc. v. Famous
Artists Merch. Exch., Inc., 866 F. Supp. 1297, 1301 (D. Colo. 1994).
The moving party has the burden to establish the grounds for
disqualification of an attorney. Religious Tech. Ctr. v. F.A.C.T. Net,
Inc., 945 F. Supp. 1470, 1473 (D. Colo. 1996). The Colorado
Supreme Court adopted the Colorado Rules of Professional
Conduct, and they are applicable in the United States District Court
for the District of Colorado. See id. at 1474; and

5.

That in the subject motion (docket no. 42), in paragraphs
[averments] 1-20, inclusive, 31-39, inclusive, and 46-54, inclusive,
the Pro Se Plaintiff alleges misconduct by Defendant 7-Eleven’s
counsel Eric A. Welter. After carefully reviewing these paragraphs,
I find that the Pro Se Plaintiff has failed to meet his burden of proof
to establish a violation of the Rules of Professional Conduct by
Defendant 7-Eleven’s counsel Eric A. Welter. Accordingly, the
subject motion should be denied.

3
ORDER
WHEREFORE, based upon these findings of fact and conclusions of law this
court ORDERS:
1.

That the Pro Se Plaintiff’s Motion Requesting Defendant 7-Eleven,
Inc.’s Attorney Eric A. Welter to Resign Representing His Client on
this Case or the United States Court to Bar Him Because of a Legal
Ethical Concern and His Violation of Court’s Disciplinary Rules
(docket no. 42) is DENIED; and

2.

That each party shall pay their own attorney fees and costs for this
motion.

Done this 21st day of March 2012.

BY THE COURT

s/Michael J. Watanabe
MICHAEL J. WATANABE
U.S. MAGISTRATE JUDGE