Kadrmas, Lee & Jackson, Inc. v. Montana Opticom et al

Filing 17

ORDER denying 15 Motion to Permit Telephonic Appearance at Status Conf. Signed by Judge Sam E Haddon on 1/27/2017. (ELL)

FILED
JAN 2 7 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
KADRMAS, LEE & JACKSON, INC.
Plaintiff,

No. CV 16-59-BU-SEH

vs.

ORDER
MONTANA OPTICOM, LLC; and
THE UNITED STATES OF
AMERICA,
Defendants.

Pending before the Court is Plaintiffs Unopposed Motion to Permit
Telephonic Appearance at Status Conference, 1 which requests that both of

1

Doc. 15.
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Plaintiffs counsel, Stephen D. Bell, Esq. and Ben D. Kappelman, Esq., appear
telephonically at the status conference set for January 30, 2017.
L.R. 83.1(5) provides:

Duties ofLocal Counsel. Local counsel must participate actively in
all phases of the case, including, but not limited to, attendance at
depositions and court proceedings, preparations of briefs and
discovery requests and responses, and all other activities to the extent
necessary for local counsel to be prepared to go forward with the case
at all times. Unless otherwise ordered, local counsel must sign all
pleadings, motions, and briefs. The court, in extraordinary
circumstances and on motion by local counsel, may suspend or
modify local counsel's duties. If the court alters local counsel's duties
or waives this rule-neither of which will occur routinely-all
documents subsequently filed must be signed by counsel actively
involved in the case.
The rules of this Court require and the Court expects that all counsel who
appear to be prepared to appear and fully participate in all proceedings set upon
notice. The pending motion in this instance seeks modification of counsel's duties
under L.R. 83.1(5).
The Court is aware that both counsel for Plaintiff named on the pleadings
are associated with a major law firm with some 19 offices located in four separate
countries. Seven lawyers employed by the firm are resident in Montana, three of
whom are listed as admitted to practice in this Court. Two additional Dorsey and

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Whitney lawyers located in Minneapolis are also listed as admitted to practice in
this Court.
The Court recognizes that personal appearance by Ben Kappelman at the
conference may present some measure of personal inconvenience to him and to his
spouse. However, it remains a reality that personal inconvenience to counsel
warrants excuse from personal participation at a court conference only in the most
extraordinary circumstances.
If both counsel of record for Plaintiff are precluded by preexisting

commitments from attendance at the status conference, arrangement should be
made forthwith for another Dorsey and Whitney lawyer admitted to practice in this
Court to enter his or her appearance as counsel for Kadrmas, Lee & Jackson, Inc.,
to prepare for the conference, and to be present at the conference to fully represent
Kadrmas, Lee & Jackson, Inc.'s interests.
ORDERED:
1.

Plaintiffs Unopposed Motion to Permit Telephonic Appearance at

Status Conference 2 is DENIED.

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Doc. 15.

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2.

The status co~_7"ence will proceed as ordered on January 23, 2017. 3

DATED this

g17?ay of January, 2017.

~~Wei~
United States District Judge

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