Gordon v. Impulse Marketing Group Inc

Filing 28

ORDER GRANTING PERMISSION TO APPEAR PRO HAC VICE-granting 12 Motion, granting 13 Motion & granting 14 Motion for Attorneys Peter Glantz, David Klein & Sean Moynihan to appear for defendant Impulse Marketing Group Inc . Signed by Judge Fred Van Sickle. (SAP, Case Administrator)

Gordon v. Impulse Marketing Group Inc

Doc. 28

Case 2:04-cv-05125-FVS

Document 28

Filed 03/01/2005

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

JAMES S. GORDON, JR., Plaintiff, v. IMPULSE MARKETING GROUP, INC., Defendant.

No. CV-04-5125-FVS ORDER GRANTING PERMISSION TO APPEAR PRO HAC VICE

BEFORE THE COURT is Peter Glantz, David Klein, and Sean Moynihan's motions to appear pro hac vice. (Ct. Rec. 12, 13, and 14). Plaintiff objects to these motions on the basis that the participation of these attorneys would appear to violate Rule 3.7 of the Rules of Professional Conduct. Plaintiff's concern relates to

the declaration of Mr. Klein, which was submitted in support of Defendant's motion to dismiss. The motion to dismiss is scheduled to

be heard by the Court with telephonic argument on March 31, 2005. Plaintiff argues the declaration of Mr. Klein constitutes testimony because, if accepted by the Court, the conclusions would dispose of this case. Plaintiff objects to the pro hac vice admission of Mr.

Glantz and Mr. Moynihan on the basis that they are both partners or associates with Mr. Klein. Therefore, Plaintiff argues their

appearance would also violate Rule 3.7 of the Rules of Professional Conduct. Essentially, Plaintiff's objection constitutes argument opposing

Dockets.Justia.com

Case 2:04-cv-05125-FVS

Document 28

Filed 03/01/2005

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Defendant's motion to dismiss rather than argument opposing Mr. Glantz, David Klein, and Sean Moynihan's requests for pro hac vice admission. Plaintiff's objection to the testimony of Mr. Klein in

support of Defendant's motion to dismiss may be addressed by the Court within the bounds of the motion to dismiss. Accordingly, the

Court grants the requests for pro hac vice admission. IT IS HEREBY ORDERED that the Motions to Appear PRO HAC VICE, Ct. Rec. 12, Ct. Rec. 13, and Ct. Rec. 14, are GRANTED pursuant to Local Rule 83.2(c)(1) of the United States District Court, Eastern District of Washington. Counsel of record, Floyd E. Ivey, shall sign

all pleadings, motions and other papers prior to filing and shall meaningfully participate in this case. IT IS SO ORDERED. The District Court Executive is hereby

directed to enter this order and furnish copies to counsel. DATED this 1st day of March, 2005.

s/ Fred Van Sickle Fred Van Sickle Chief United States District Judge

ORDER - 2