Securities and Exchange Commission v. AIC, Inc. et al

Filing 163

MEMORANDUM AND ORDER denying without prejudice 158 Motion for Leave to Appear Pro Hac Vice for Jeffrey J. Scott. The Clerk of Court SHALL refund the pro hac vice fee paid by Mr. Miller, and Mr. Miller may renew his request, to the extent appropriate, at trial.Signed by Magistrate Judge H Bruce Guyton on 09/16/2013. (KAW) (c/m to Mr. Scott.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SECURITIES AND EXCHANGE COMMISSION, )
)
Plaintiff,
)
)
v.
)
)
AIC, Inc., et al.,
)
)
Defendants.
)

No. 3:11-CV-176
(VARLAN/GUYTON)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion for Admission of Jeffery J. Scott, Esq. Pro Hac Vice
and Motion for Leave of Court for Jeffrey J. Scott, Esq. to Act as Counsel at Trial for the
Witness Thomas B. Miller [Doc. 158]. In this combined motion, Thomas B. Miller, who is listed
as a potential witness in this case, [see Doc. 126 at 7], moves the Court to allow Attorney Jeffrey
J. Scott to appear on his behalf in this case pro hac vice. Mr. Miller moves the Court to allow
Attorney Scott to object to questioning on Mr. Miller’s behalf.
The Court finds that the motion complies with Local Rule 83.5, which governs
admissions pro hac vice. The Court finds, however, that this motion is premature and not welltaken. As the District Judge noted at the pretrial conference in this matter, Attorney Scott may
observe the trial proceedings of this case, and at the District Judge’s discretion, he may pose
objections. Nonetheless, the Court cannot find at this juncture that his requested participation in
the trial of this case is appropriate.

Accordingly, the Motion for Admission of Jeffery J. Scott, Esq. Pro Hac Vice and
Motion for Leave of Court for Jeffrey J. Scott, Esq. to Act as Counsel at Trial for the Witness
Thomas B. Miller [Doc. 158] is DENIED WITHOUT PREJUDICE. The Clerk of Court
SHALL refund the pro hac vice fee paid by Mr. Miller, and Mr. Miller may renew his request, to
the extent appropriate, at trial.
IT IS SO ORDERED.

ENTER:
/s H. Bruce Guyton
United States Magistrate Judge

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