SCHUCHARDT

Filing 20

ORDER, re 16 Order to Show Cause, that Attorney Schuchardt is suspended from the Bar of this Court for a period of two years, effective retroactively to February 11, 2022. Signed by Chief Judge Mark R. Hornak on 11/17/2022. (ten). Modified on 11/17/2022 (ten) to fix typographical error in docket text.

Case 2:20-mc-00720-MRH Document 20 Filed 11/17/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
IN RE: DISCIPLINE OF
ELLIOTT J. SCHUCHARDT,
PA ATTORNEY REGISTRATION
NUMBER 78911, A MEMBER
OF THE BAR OF THE
UNITED STATES DISTRICT
COURT FOR THE WESTERN
DISTRICT OF PENNSYLVANIA

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Misc. No. 20-720-MRH

ORDER
WHEREAS Elliott J. Schuchardt (“Schuchardt”), a member of the Bar of this Court, was
suspended for a period of two years from the Bar of the Commonwealth of Pennsylvania by
Order of the Supreme Court of Pennsylvania dated February 11, 2022, in proceeding number 138
DB 2021;
WHEREAS Schuchardt failed to inform this Court’s Clerk of Court about the Supreme
Court of Pennsylvania’s order of suspension, contrary to this Court’s Local Civil Rule
83.3(D)(1);
WHEREAS on August 22, 2022, the Chief Judge of this Court entered an order to show
cause why an order of suspension identical to the Supreme Court of Pennsylvania’s order should
not be entered by this Court (ECF No. 16);
WHEREAS Schuchardt filed a response to the order to show cause on August 31, 2022
(ECF No. 18), in which he asserted that the order to show cause should be dismissed because: (1)
he withdrew his Rule 60 Motion for Relief from Judgment that was pending in the United States
District Court for the Eastern District of Tennessee; and (2) a suspension order based upon his
misconduct in the Eastern District of Tennessee and reciprocal to that court’s suspension order

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would violate a) the doctrine of res judicata, and b) the Double Jeopardy Clause of the Fifth
Amendment;
WHEREAS upon receipt of Schuchardt’s response, the Chief Judge referred this matter
to this court’s Disciplinary Committee (the “Committee”) pursuant to Local Civil Rule 83.3D(4),
which Committee presented the matter to the Board of Judges at its November 2022 meeting;
WHEREAS upon consideration of the matter presented by the Committee, a majority of
the active district judges concluded that, upon the face of the record, none of the factors set out at
Local Civil Rule 83.3D(4)(a)-(d) clearly appeared, and voted to reciprocally suspend Schuchardt
from the Bar of the this Court for a period of two years, effective retroactively to February 11,
2022; and
WHEREAS this Court will take no action during Schuchardt’s period of reciprocal
suspension based upon what appears to be Schuchardt’s independent violation of Local Civil Rule
83.3(d)(1) (failure to advise this Court’s Clerk of Court of his suspension by the Supreme Court
of Pennsylvania), without prejudice to the Court’s reconsideration of that decision at any time.
AND NOW, this 17th day of November 2022, IT IS HEREBY ORDERED that Elliott J.
Schuchardt is SUSPENDED from the practice of law in the United States District Court for the
Western District of Pennsylvania for a period of two years, effective retroactively to February
11, 2022, which order also precludes his practice before the United States Bankruptcy Court for
the Western District of Pennsylvania; and

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IT IS FURTHER ORDERED that Schuchardt is advised of his obligation to affirmatively
seek an order of reinstatement upon expiration of his period of suspension and prior to resuming
the practice of law before this Court, L.CvR. 83.3E.
FOR THE COURT:
/s/ Mark R. Hornak
Mark R. Hornak
Chief United States District Judge

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