Trade Well International v. United Central Bank

Filing 90

Transmission of Motion, Brief in Opposition and Order to Seventh Circuit Court of Appeals re 76 Notice of Appeal. (Attachments: # 1 Motion to Supplement the Appeal Record, # 2 Brief in Opposition to Motion to Supplement the Appeal Record, # 3 Order #89) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

TRADE WELL INTERNATIONAL,
Plaintiff,

ORDER

v.
12-cv-701-wmc
UNITED CENTRAL BANK,
Defendant.

Plaintiff Trade Well International (“Trade Well”) began this civil action for replevin,
negligence and conversion based on allegations that defendant United Central Bank
(“UCB”) unlawfully retained certain of Trade Well’s hotel furnishings and allowed others to
be damaged after foreclosing on a hotel. After Trade Well’s attorney, Maurice J. Salem,
filed an unlawful lien on the hotel owned by UCB, the court imposed sanctions on Salem,
revoked his pro hac vice status and denied him admission to this court for the next three
years. (See dkt. ##71, 75.) Attorney Salem appealed that ruling on his own behalf and
now seeks leave to supplement the appellate record with a series of e-mails that were not in
existence when Salem was before this court. (Dkt. #81.)
In this court’s view, the e-mails Salem submits with his request are irrelevant,
incomplete and misrepresent the nature of Salem’s actions. Rather than repeat the reasons
for imposing discipline set forth in the court’s original order and order denying
reconsideration, the court simply notes that its imposition of sanctions was premised on
Salem’s undisputed failure to comply with the applicable law, and the related
misrepresentations he made to state officials, opposing counsel and this court.

The

additional circumstances Salem now seeks to establish are not relevant to that

determination. His motion to supplement the record is, therefore, denied. Nevertheless, to
avoid the necessity of further delays should the Seventh Circuit feel different, the court will
direct the clerk’s office to send a copy of Salem’s motion, the attached e-mails, defendant’s
brief in opposition and this order to the court of appeals pursuant to Fed. R. App. P.
10(e)(2)(B).
The court is also in receipt of UCB’s motion to declare the notice of lien Salem filed
void ab initio, based on his apparent failure to withdraw that lien despite his formal
representation to the court and opposing counsel that he had done so.1 (Dkt. #84.) At the
court’s invitation, UCB has also filed counterclaims against Trade Well for (1) slander of
title and (2) declaratory judgment that the lien is void and unenforceable. (Dkt. #83.) The
latter claim essentially makes the same request for relief as the motion to declare the lien
void ab initio, effectively rendering that motion one for partial summary judgment and
making the seven-day briefing schedule automatically imposed by ECF inadequate.
To ensure that Trade Well has adequate opportunity to respond to the counterclaims
and related motion, the court will allow it to answer or otherwise respond to the
counterclaims on or before June 25, 2014, as required by Fed. R. Civ. P. 12(a)(1)(B). UCB
may have until June 30, 2014, to submit proposed findings of fact in support of its motion
in a form consistent with local procedure, and Trade Well will then have 30 days to file a
response to the motion to declare the lien void. Finally, the court reminds Trade Well that

Because Attorney Salem has already appealed the original sanctions against him, the court will
leave open what additional sanction, if any, is appropriate should it later become apparent that
Salem intentionally misrepresented to the court that he withdrew the lien. In the meantime, to the
extent not already accomplished, the court would strongly encourage Salem and plaintiff’s counsel to
coordinate the filing of an original notice from Trade Well withdrawing the lien in a manner
satisfactory to the Register of Deeds.
1

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it must retain new counsel by the June 25, 2014, deadline to answer, plead or otherwise
respond. If Trade Well fails to answer, it risks defaulting on the counterclaims.

ORDER
IT IS ORDERED that:
1) Maurice J. Salem’s motion to supplement the record (dkt. #81) is DENIED.
2) The clerk of court is directed to certify and send to the Seventh Circuit Court of
Appeals a copy of Salem’s motion to supplement the record, a copy of
defendant’s brief in opposition and a copy of this order.
3) The court RESERVES on defendant United Central Bank’s motion to declare the
lien void ab initio. Plaintiff Trade Well International has until July 30, 2014, to
file a response to that motion. Defendant may have until August 20, 2014, to file
a reply.
Entered this 17th day of June, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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