UNITED STATES OF AMERICA v. Dahmash's Personal Property, et al

Filing 34

ORDER granting in part and denying in part 27 MOTION to Stay Action Pending Result of State Action and granting 31 Motion for Extension of Time to Complete Discovery - Former counsel, Walter Hoytt Paramore, III, is required to file an affidavit with the court attesting to his compliance with the North Carolina Rules of Professional Conduct within 14 days. If any file materials remain to be provided by former counsel to the claimant, these shall be delivered to the claimant not later than 1 4 days from this date in accordance with this order. The discovery period is extended up to and through July 27, 2015. Dispositive motions are due September 11, 2015. Signed by District Judge Louise Wood Flanagan on 04/24/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:14-CV-21-FL

UNITED STATES OF AMERICA,
Plaintiff,
v.
DAHMASH’S PERSONAL PROPERTY,
SPECIFICALLY DESCRIBED AS: A
2011 TOYOTA RAV4, VIN:
2T3BF4DV7BW131686; and $11,845.45
IN U.S. CURRENCY;
Defendants.

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ORDER

This matter comes before the court on claimant’s motion to stay, (DE 27), wherein he
protests the validity of the underlying criminal action, resulting in the seizure of his motor vehicle
and the sum of cash. He protests the withdrawal of retained counsel in this action, as without his
consent, and the lack of documentation in his possession with which to fight against the
government’s attempted seizure. He seeks this court to direct documentation be provided to him by
the Clerk of Superior Court of Onslow County, his former counsel, and plaintiff. He seeks between
90 and 180 days upon his receipt of the requested documentation to prepare his case. While not
opposing some turnover of documentation, the government opposes in large part claimant’s requests
and seeks for its own benefit a period of 90 additional days within which to conduct discovery. (DE
31). For reasons set forth below, the court grants in part and denies in part claimant’s motion, (DE
27), and grants plaintiff’s motion. (DE 31).

DISCUSSION
Claimant essentially complains about the material adverse effect his former attorney’s
withdrawal has had on his interests. Pursuant to Rule 1.16(d) of the North Carolina Rules of
Professional Conduct it is required that:
Upon termination of representation, a lawyer shall take steps to the
extent reasonably practicable to protect a client's interests, such as
giving reasonable notice to the client, allowing time for employment
of other counsel, surrendering papers and property to which the client
is entitled and refunding any advance payment of fee or expense that
has not been earned or incurred. The lawyer may retain papers
relating to the client to the extent permitted by other law.

Ethics Opinion CPR 3 speaks to the issue of document turnover in the case of the old lawyer turning
over file materials to the new one, pertinent also to this situation, where claimant now proceeds on
his own:
Generally, anything in the file which would be helpful to the new
lawyer and not necessary for the protection of the discharged lawyer
should be turned over. It is impossible to catalogue everything in a
file which should be turned over to the client or the new lawyer.
Things which clearly should be turned over are papers and other
things delivered to the discharged lawyer by the client such as
original instruments, correspondence, and cancelled checks. In
addition, the discharged lawyer should turn over correspondence
generated by him during the period of representation, and replies
received by him to such correspondence relating to the representation;
instruments submitted to him by his adversary or the adversary's
lawyer (if he is not under obligation to return them), instruments he
has drawn and which have been submitted by him to his adversary or
his adversary's lawyer, completed briefs, or other legal memoranda
actually filed and submitted to the Court or which have been
completed and are ready for use. Such things are likely to be helpful
to the new lawyer in the further handling of the matter, either as
evidence or otherwise. The discharged lawyer's notes made for his
own future reference and study and similar things not representing a
completed work product need not be turned over. It is not improper
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for the discharged lawyer to retain copies of anything that is turned
over.

In light of claimant’s complaint that he has not received file materials from his former
counsel, Walter Hoytt Paramore, III, and with deference to claimant’s pro se status, the court
requests former counsel to file an affidavit with the court attesting to his compliance with the North
Carolina Rules of Professional Conduct within 14 days. If any file materials remain to be provided
by former counsel to the claimant, these shall be delivered to the claimant not later than 14 days from
this date. Copies of all of the filings of record in this action shall be included by former counsel in
materials to be delivered, if not already supplied to the claimant.
To the extent claimant is requesting this court order the Clerk of Superior Court of Onslow
County to delivered documentation to him, the court declines to enter such order. Claimant can
procure state court documentation pursuant to that tribunal’s requirements, on his own.

Finally,

all filings in the case should be among the documentation delivered/to be delivered to claimant
within 14 days by former counsel; hence, the court dispenses with duplication of this effort by the
plaintiff.
Good cause having been shown, the court extends the discovery period up to and until July
27, 2015. Dispositive motions now are due September 11, 2015.
CONCLUSION
For the reasons given, the court grants in part and denies in part claimant’s motion to stay,
also seeking case documentation, (DE 27), and grants plaintiff’s motion for an extension of time.
(DE 31). Former counsel, Walter Hoytt Paramore, III, is required to file an affidavit with the court
attesting to his compliance with the North Carolina Rules of Professional Conduct within 14 days.
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If any file materials remain to be provided by former counsel to the claimant, these shall be delivered
to the claimant not later than 14 days from this date in accordance with this order. The discovery
period is extended up to and through July 27, 2015. Dispositive motions are due September 11,
2015. The clerk also shall serve a copy of this order upon Mr. Paramore.
SO ORDERED, this the 24th day of April, 2015.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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