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Saturday, June 09, 2012

Courts - Unusual sanction by bankruptcy judge in a Fair Finance proceeding

From the order of Judge Shea-Stonum filed May 22, 2012:

At the commencement of the hearing the Court took appearances of people participating telephonically. The Court specifically asked whether everyone participating had “announced himself or herself.” Several people entered an appearance on the record. Luke Overmeyer did not. Toward the end of the conference call, the court again asked all telephonic participants to identify themselves. At that point, Luke Overmeyer, counsel for Textron, announced himself. Based on the colloquy that followed, the Court determined that Mr. Overmeyer had been participating telephonically from the outset of the hearing, but had failed to announce himself. The Court finds that Luke Overmeyer should have responded. In lieu of conducting a show cause hearing as to whether this failure rises to the level of contempt, the Court directs that to promote the highest level of professionalism, by not later than June 8, 2012, Luke Overmeyer shall file with the Court a ten (10) page essay explaining why professionalism would always require counsel to announce himself or herself at the outset of a telephonic hearing.
And here, dated June 8, 2012, is the 10-page "Essay discussing why professionalism requires counsel to announce himself or herself at the outset of a telephonic hearing as mandated in the Order Sanctioning Counsel (Doc. 960)" submitted by counsel.

Posted by Marcia Oddi on June 9, 2012 07:59 PM
Posted to Courts in general