Free Response to Motion - District Court of Federal Claims - federal

Case 1:03-cv-02684-CFL

Document 429

Filed 02/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff's ) ) ) vs. ) ) ) UNITED STATES, ) ) ) ) Defendant, ) ) ) ) Julia DuMarce; Floyd E. Redwing; ) Lily Renville; Roxanna Red Wing ) Puchner; et al., ) ) ) Plaintiff(s), ) ) ) vs. ) ) ) UNITED STATES, ) ) ) Defendant. ) __________________________________) SHELDON PETERS WOLFCHILD, et al.,

OBJECTION TO MOTION TO SUBSTITUTE LEGAL COUNSEL No. 03-2684L

COMES NOW, the Plaintiff(s) attorneys of record Garrett J. Horn and Creighton A. Thurman and move this Court to deny the aforesaid Abdo-Arrow family Plaintiffs to substitute counsel pursuant to 83.1:

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Case 1:03-cv-02684-CFL

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Filed 02/23/2007

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1.

The Shirley Abdo-Arrow family had previously retained the Kettering Law Firm

to represent them in the aforesaid matter. 2. That upon a determination they would not be accepted by the Plaintiff's, counsel

of record was contacted to review the families information and file a motion to intervene prior to the Court's first deadline if deemed appropriate. 3. In order to preserve the Abdo-Arrow parties' cause of action counsel of record

filed a motion to intervene with this Court prior to the expiration of the Court's second deadline. 4. Counsel of record have expended a great deal of time, effort and expense in

preserving the Abdo-Arrow families right to participate in the aforesaid litigation and have prepared the families argument as well as family trees connecting them to the 1886 and 1889 censuses. 5. After the filing of the Motion to Intervene counsel of record were contacted by

Mrs. Arrow indicating her displeasure with the name first appearing on the Motion to Intervene. Mrs. Arrow believed that her name should be listed in place of Mrs. Lydia Ferris. Counsel of record are aware of no other reason why the Abdo-Arrow family would be seeking alternative counsel. 6. Counsel of record verily believes that the motivation for seeking a motion to

substitute counsel at this time is clearly based upon financial considerations and inappropriate conversations with proposed substituted counsel. Counsel of record presently believes that the proposed substituting counsel are discounting their contingent fee and are using this tactic to solicit clients that are already being represented by counsel.

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Case 1:03-cv-02684-CFL

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Filed 02/23/2007

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7.

Counsel of record further believes that proposed substituted counsel are in

violation of Rule 4.2 of the Rules of the American Bar Association Rules for Professional Responsibility in that they are having inappropriate conversations with persons that they know are represented by counsel. The individuals that the proposed substituted counsel seek to substitute representation are listed on the attorney of record's original Motion for Intervention. 8. Counsel of record can further support their position the proposed substituted

counsel is having inappropriate conversations with represented client s. On or about February 16, 2007 counsel of record received additional letters of termination of representation from individuals from another family, for whom counsel of record has filed a motion to intervene. The letters were sent to counsel of record's office six days after a meeting that Mr. Montana had in the area. The letters of termination of representation are identical to the letters that were provided to counsel by the AbdoArrow group. 9. Counsel of record has also been informed that Mr. Montana has been attempting

to solicit clients presently being represented by the Plaintiff's while conducting meetings in the area. 10. Counsel of record also believes based upon conversations with counsel for the

Plaintiff's that Mr. Montana is making misrepresentations of fact regarding this lawsuit in an effort to solicit clients that are already represented by competent counsel. 11. Counsel of record would indicate that with regard to Paul Henry Denney and

Larry Ike Denney there has been no letter of terminatio n and that fee agreements have been executed with present counsel of record.

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Case 1:03-cv-02684-CFL

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Filed 02/23/2007

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12.

Based upon the foregoing counsel of record respectfully pray that the Court deny

the motion for substituted counsel, issue any sanctions deemed appropriate and other relief that the Court deems just and equitable under the premise. Dated this 23rd day of February, 2007.

/s/Garrett J. Horn______________ Garrett J. Horn Attorney for Plaintiffs P.O. Box 886 Yankton, SD 57078-0886 (605) 260-4676 Telephone (605) 260-0624 Facsimile

/s/Creighton A. Thurman_________ Creighton A. Thurman Attorney for Plaintiffs P.O. Box 897 Yankton, SD 57078-0897 (605) 260-0623 Telephone (605) 260-0624 Facsimile

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