Laiscell v. Education
ORDER revoking Attorney Michael H. Sussman's admission pro hac vice pursuant to D. Conn. L. R. (d)(4). Please see the attached order. Signed by Judge Vanessa L. Bryant on 04/26/2021. (Diamond, Matthew)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Hartford Board of Education
April 26, 2021
ORDER REVOKING ATTORNEY MICHAEL H. SUSSMAN’S ADMISSION PRO HAC
On December 7, 2020, the Court denied without prejudice local counsel’s
motion for Attorney Michael H. Sussman of New York to be admitted pro hac vice
because Attorney Sussman’s affidavit failed to comply with the content
requirements of D. Conn. L. R. 83.1(d)(1). [ECF No. 12]. The Court’s order reminded
counsel of the filing format requirements set forth in the Court's Chambers
Practices, which were docked at ECF. No. 5.
The Court granted Attorney Sussman’s second motion for admission pro
hac vice on February 4, 2021 and set a deadline of April 5, 2021 to file a Certificate
of Good Standing. [ECF No. 19]. On April 20, 2021, Attorney Sussman filed a
Certificate of Good Standing dated October 14, 2020, over two weeks after the
Pursuant to D. Conn. L. R. 83.1(d)(4), “[u]pon admission under this rule, an
attorney shall promptly file with the Clerk of the Court a certificate of good standing
from the court of the state in which he or she has his or her primary office. Such
certificate of good standing shall be filed no later than 60 days after the date of
admission and shall be dated no more than 60 days before the date of admission.
Failure to file such certificate will result in the automatic revocation of the visiting
attorney status of said attorney, absent an order of the Court.” Attorney Sussman
failed to comply with both requirements of D. Conn. L. R. 83.1(d)(4) as the
Certificate of Good Standing was both untimely and out of date. Therefore, his
admission pro hac vice is automatically revoked.
Attorney Sussman failed to file an appearance after he was admitted pro hac
vice and the parties’ Rule 26(f) report was also delinquent. [ECF. No. 13]. The Court
also issued an order to show cause because Plaintiff failed to file a proof of service
or waiver of service by the service deadline set by Fed. R. Civ. P. 4(m). [ECF No.
14]. Although the Court previously reminded Attorney Sussman of its file format
requirements, his second motion for admission pro hac vice does not comply with
the Court’s formatting instructions. See Chambers Practices, ECF No. at 3
(“Documents may not  be signed manually and may not be scanned. Parties are
asked to file electronically in the format specified below…”). The local rule requires
the visiting attorney’s attestation that “said attorney has fully reviewed and is
familiar with the Federal Rules of Civil Procedure (for an attorney seeking
admission in a civil case) or Criminal Procedure (for an attorney seeking admission
in a criminal case), the applicable Local Rules of the United States District Court
for the District of Connecticut, and the Connecticut Rules of Professional
Conduct.” D. Conn. L. R. 83.1(d)(1)(d).
In light of the recurrent and varied defects in Attorney Sussman’s
application, which he has had time and opportunity to cure, the Court lacks some
“reasonable assurance that such attorney is familiar with the Federal Rules of Civil
Procedure, the Local Rules for the [District of Connecticut], this Court's Individual
Rules, and the customs and practices of this Court,” despite his attestation.
Erbacci, Cerone, and Moriarty, Ltd. v. United States, 923 F.Supp. 482, 485–86
(S.D.N.Y.1996). Therefore, the Court will not consider a third motion to admit
Attorney Sussman pro hac vice.
Preclusion of Attorney Sussman from participating in this matter does not
deprive the Plaintiff of counsel. The Court notes that Attorney Cynthia Jennings
entered an appearance whereas Attorney Sussman has not. Attorney Jennings
also signed the parties’ 26(f) report and has not moved to be excused from
participating in the proceedings pursuant to D. Conn. L. R. 83.1(d)(2).
Pursuant to D. Conn. L.R. 83.1(d)(4), “upon revocation of a visiting attorney’s
status in one case, the Clerk of the Court shall examine the Court’s Docket and
revoke said attorney’s visiting attorney status in all cases in which said attorney
has filed an appearance.”
IT IS SO ORDERED.
Dated at Hartford, Connecticut this 26th day of April, 2021.
Vanessa L. Bryant
United States District Judge
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