Transamerica Life Insurance Company v. Caramadre et al

Filing 166

MOTION to Withdraw as Attorney WITH SUPPORTNG MEMO by Joseph Caramadre, Estate Planning Resources, Inc., Raymour Radhakrishnan, Joseph A. Caramadre, Harrison Condit. Responses due by 4/15/2013 (Attachments: #1 Supporting Memorandum Memorandum of Law, #2 Exhibit Exhibit A)Associated Cases: 1:09-cv-00470-S-PAS et al.(Flanders, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
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WESTERN RESERVE LIFE ASSURANCE
CO. OF OHIO,
Plaintiff,

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vs.

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JOSEPH CARAMADRE, RA YMOUR
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RADHAKRISHNAN, ESTATE PLANNING )
RESOURCES, INC., HARRISON CONDIT, )
and FORTUNE FINANCIAL SERVICES,
)
INC.,
)
Defendants;
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C.A. No. 09-470-S

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TRANSAMERICA LIFE INSURANCE
COMPANY,
Plaintiff,

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)
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vs.
JOSEPH CARAMADRE, RA YMOUR
RADHAKRISHNAN, ESTATE PLANNING)
RESOURCES, INC., ESTELA
RODRIGUES, EDWARD MAGGIACOMO,
JR., LIFEMARK SECURITIES CORP., and
PATRICK GARVEY,
Defendants;

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)
)

C.A. No. 09-471-S

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WESTERN RESERVE LIFE ASSURANCE
CO. OF OHIO,
Plaintiff,

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)
)
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)

vs.

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JOSEPH CARAMADRE, RA YMOUR
RADHAKRISHNAN, ESTATE PLANNING)
RESOURCES, INC., ADM ASSOCIATES,
LLC, EDWARD HANRAHAN, THE
LEADERS GROUP, INC., and CHARLES
BUCKMAN,
Defendants;

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C.A. No. 09-472-S

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WESTERN RESERVE LIFE ASSURANCE
CO. OF OHIO,
Plaintiff,

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)

vs.

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c.A. No.

09-473-S

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JOSEPH CARAMADRE, RA YMOUR
RADHAKRISHNAN, ESTATE PLANNING)
RESOURCES, INC., DK LLC, EDWARD
HANRAHAN, THE LEADERS GROUP,
INC., and JASON VEVEIROS,
Defendants;

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)
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WESTERN RESERVE LIFE ASSURANCE
CO. OF OHIO,
Plaintiff,

)
)
)
)

vs.
JOSEPH CARAMADRE, RA YMOUR
RADHAKRISHNAN, ESTATE PLANNING)
RESOURCES, INC., NATCO PRODUCTS
CORP., EDWARD HANRAHAN, and THE
LEADERS GROUP, INC.,
Defendants;

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C.A. No. 09-502-S

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TRANSAMERICA LIFE INSURANCE
COMPANY,
Plaintiff,

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)

vs.

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LIFEMARK SECURITIES CORP., JOSEPH )
CARAMADRE, RA YMOUR
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RADHAKRISHNAN, ESTATE PLANNING)
RESOURCES, INC. and EDWARD
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MAGGIACOMO, JR.,
)
Defendants; and
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)

#515210]5

C.A. No. 09-S49-S

WESTERN RESERVE LIFE ASSURANCE
CO. OF OHIO,
Plaintiff,
vs.

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JOSEPH CARAMADRE, RA YMOUR
RADHAKRISHNAN, ESTATE PLANNING
RESOURCES, INC., HARRISON CONDIT,
and FORTUNE FINANCIAL SERVICES,
INC.,
Defendants.

c.A. No. 09-564-S

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MEMORANDUM OF LAW IN SUPPORT OF MOTION TO WITHDRAW
Pursuant to LR Cv 7 and LR Gen 206(e), Robert G. Flanders, Jr., Adam M.
Ramos, and the law firm of Hinckley, Allen & Snyder LLP (collectively "Hinckley
Allen") submit this Memorandum of Law in support of their Motion to Withdraw as
Counsel for Defendants Joseph Caramadre, Raymour Radhakrishnan and Estate Planning
Resources, Inc. ("EPR") in each of the above-captioned cases and Defendant Harrison
Condit in C.A. Nos. 09-470 and 09-564.
In support of the requested relief, Hinckley Allen states as follows:
1.

Hinckley Allen has represented Defendants Caramadre, Radhakrishnan,

EPR, and Condit in these cases since the plaintiffs filed their complaints in 2009.
2.

On March 22,2013, attorney Randy Olen entered his appearance in these

cases on behalf of Defendants Caramadre and EPR. He is familiar with these cases and is
or will be fully prepared to address any matters pending in these cases, including trial,
without delaying the cases. Attorney Olen also is fully prepared to address the pending
motion seeking a prejudgment attachment against Defendant Caramadre. Accordingly,

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Attorney Olen is fully prepared to replace Hinckley Allen as counsel for Defendants
Caramadre and EPR in these matters. Moreover, Defendant Caramadre, who is also the
principal of EPR, has informed Hinckley Allen that it is his intent that Attorney Olen
replace Hinckley Allen as counsel for himself and EPR in these matters.
3.

Radhakrishnan is a co-defendant with Caramadre in related criminal

proceedings - United States v. Caramadre, CR 11-186. Recent developments in that
criminal matter give rise to a potential conflict of interest between Caramadre and
Radhakrishnan.
4.

Because of the potential conflict of interest caused by the developments in

the criminal proceeding, Hinckley Allen should not continue to represent either
Caramadre or Radhakrishnan in this matter.
5.

Radhakrishnan and Condit both are capable of representing themselves

pro se in the event they are unable to find replacement counsel. In fact, Radhakrishnan
represented himself pro se in the criminal matter references supra.
6.

Radhakrishnan's

current address is 16 Conifer Lane, Amherst, New

Hampshire 03031.
7.

Condit's current address is 536 Middle Road, East Greenwich, Rhode

Island 02818. Given the conspiracy-based nature of the remaining civil claims in the
cases where Condit is a party, there may be conflicts of interest between Condit and
Caramadre that preclude our representation of these defendants.
8.
Island 02921.

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Caramadre's current address is 90 Beechwood Drive, Cranston, Rhode

9.

EPR's has no current address as it is no longer a viable entity.

Accordingly, we sent notice of this motion to EPR in care ofMr. Caramadre's last known
address at 90 Beechwood Drive, Cranston, Rhode Island 02921, as he is the majority
owner of this entity.
10.

Hinckley Allen has made reasonable efforts to confirm that notices sent to

the foregoing addresses are likely to be received by Caramadre, Radhakrishnan, EPR, and
Condit.
11.

These cases are stayed pending final resolution of the related criminal

matters. The only pending matter is a motion seeking a prejudgment attachment against
Caramadre. The parties have fully briefed that motion, and Attorney Olen will be ready
to represent Defendant Caramadre in connection with that motion if and when oral
argument is scheduled.
12.

Currently, there are no other motions or other matters pending in these

cases that impact EPR, Radhakrishnan, or Condit. Accordingly, Hinckley Allen's
withdrawal will not cause a need to extend any deadlines.
13.

Hinckley Allen has served a copy of this motion on Caramadre,

Radhakrishnan, EPR and Condit by first class mail, postage prepaid, or bye-mail at the
addresses set forth in paragraphs 8-11, together with a cover letter informing them (1) of
their right to object to the motion; and (2) advising them that any delay in retaining
substitute counsel will not be considered grounds for delay of any proceedings in these
cases.
14.

An affidavit attesting that Caramadre, Radhakrishnan, EPR, and Condit

are not in the military service is attached as Exhibit A.

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WHEREFORE. Robert G. Flanders, Jr, Adam M. Ramos, and the law firm of
Hinckley, Allen & Snyder LLP request that this Court:
A.

Grant their Motion to Withdraw as counsel in this matter; and

B.

Order such further relief as this Court deems just and necessary.

Robert G. Flanders, Ir. (#1785)
Adam M. Ramos (#7591)
Hinckley, Allen & Snyder LLP
50 Kennedy Plaza, Suite 1500
Providence, RI 02903
Tel. [phone]
Fax. [phone]
Email: [e-mail]
[e-mail]

CERTIFICATION
I hereby certify that on March 29,2013, a copy of the foregoing was filed
electronically and served by mail on anyone unable to accept electronic filing. Notice of
this filing will be sent bye-mail to all parties by operation of the court's electronic filing
as indicated on the Notice of Electronic Filing. Parties may access this filing through the
court's CMIECF system.
Notice also has been sent by first class mail, respectively, to:

Raymour Radhakrishnan
16 Conifer Lane
Amherst, NH 03031

Harrison Condit
536 Middle Road
East Greenwich, RI 02818

Joseph Caramadre
90 Beechwood Drive
Cranston, RI 02921

Estate Planning Resources, inc.
90 Beeehwood Drive
Cranston, RI 02921

lsi Robert G. Flanders Jr.

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