STEINBUCH v. CUTLER

Filing 12

REPLY to 11 Plaintiff's Response to Defendant's Counsel's Motion to Withdraw filed by JESSICA CUTLER. (Vincent, Alexander)

STEINBUCH v. CUTLER

Doc. 12

Case 1:05-cv-00970-PLF-JMF

Document 12

Filed 03/15/2006

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ROBERT STEINBUCH, Plaintiff, - against JESSICA CUTLER, Defendant. Case No. 1:05-CV-00970 (PLF)

REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNSEL'S MOTION TO WITHDRAW BCR files this reply to Plaintiff's Response to Defendant's Counsel's Motion to Withdraw, filed March 15, 2006 ("Response"), in order to set the statements of plaintiff's counsel Jonathan Rosen, Esq., in their proper context. Significantly, in the Response, Mr. Rosen does not deny the statement in the Motion to Withdraw that, before Mr. Rosen had filed plaintiff's Motion to Reschedule Oral Argument, defendant's former counsel Thomas Wilson, Esq., informed Mr. Rosen that BCR was no longer defendant Jessica Cutler's counsel and that William H. Bode, Esq., would be replacing BCR as her new counsel. Mr. Rosen also does not deny that Mr. Wilson had given him the contact information for Mr. Bode. Mr. Wilson may have indicated that he personally was "O.K." with rescheduling the oral argument to avoid conflicting with Passover. Nevertheless, the clear implication of Mr. Wilson's complete statement to Mr. Rosen was that BCR had no authority to consent to plaintiff's forthcoming motion to reschedule, and that Mr. Rosen therefore needed to consult with Mr. Bode.

Dockets.Justia.com

Case 1:05-cv-00970-PLF-JMF

Document 12

Filed 03/15/2006

Page 2 of 3

Under the circumstances, Mr. Rosen's contention that Mr. Wilson's purported consent to plaintiff's Motion to Reschedule Oral Argument was somehow legally operative rises to the level of not being fully candid with the tribunal. See D.C. R. Prof. Conduct 3.3(a); Fed. R. Civ. P. 11(b)(3). Dated: Washington, D.C. March 15, 2006 BERLINER, CORCORAN & ROWE, L.L.P. Attorneys for Defendant

By:

/s/ Thomas E. Wilson Thomas E. Wilson D.C. Bar No. 132704 Alexander C. Vincent D.C. Bar No. 472459 Jason A. McClurg D.C. Bar No. 491172 1101 17th Street, N.W. Suite 1100 Washington, D.C. 20036-4798 Telephone: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail]

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Case 1:05-cv-00970-PLF-JMF

Document 12

Filed 03/15/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that, on this 15th day of March 2006, I caused a true and correct copy of the foregoing Reply to Plaintiff's Response to Defendant's Counsel's Motion to Withdraw to be served by first-class mail, postage prepaid, and electronic mail, addressed to: Miss Jessica Cutler 166 Second Avenue Apartment 9M New York, New York 10003-5728 [e-mail] [e-mail] William H. Bode, Esq. Bode & Grenier, L.L.P. 1150 Connecticut Avenue, N.W. Ninth Floor Washington, D.C. 20036-4104 [e-mail]

/s/ Alexander C. Vincent Alexander C. Vincent