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

Case 1:06-cv-00436-MCW

Document 48

Filed 09/10/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ULYSSES INC., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 06-436C Judge Williams

ULYSSES' FORMER COUNSEL'S RESPONSE IN CLARIFICATION OF THE FACTS ASSERTED IN THE GOVERNMENT'S MOTION TO LIFT STAY AND TO ISSUE SHOW CAUSE ORDER
NOW COMES Attorney Kenneth Joel Haber, former counsel of Plaintiff, Ulysses, Inc., and submits this response in clarification of the facts asserted in the Government's Motion to Lift Stay and to Issue Show Cause Order, and states in support thereof the following: It was Plaintiff's former Counsel's position at the August 15, 2008, telephonic status conference that Counsel had no authority to agree or disagree with the Government as to any issue, including the lifting of the stay due to Counsel's representation having been terminated by Mr. Demetrios Tsoutsas, the owner of Plaintiff Ulysses. See termination letter attached to Doc. 42 and Maryland Lawyers' Rules of Professional Conduct, Rule 1.2(a). Counsel's view - not that of the former client - was consistent with the Government's position, but not an agreement with, that a show cause should be issued with notice to Demetrios Tsoutsas, as the real party in interest. Counsel's view was that the show cause would be to determine whether or not the stay should be lifted and to afford Mr. Tsoutsas, individually as real party in interest, an opportunity to appear as to lifting of the stay, and in the alternative, to be represented by new counsel who would have authority to represent Ulysses as to the stay and any other motions of the government such as dismissing Ulysses' complaint and seeking default against Ulysses as to the Government's counter-claims. It was Counsel's position

Case 1:06-cv-00436-MCW

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that the Court should again consider Counsel's release from further participation, due to Counsel's services having been terminated by Mr. Tsoutsas and, therefore, Counsel did not have authority to represent Ulysses in any manner. Dated: September 10, 2008 RESPECTFULLY SUBMITTED, s/ Kenneth J. Haber Kenneth J. Haber Law Office of Kenneth Joel Haber, P.C. 15879 Crabbs Branch Way Rockville, MD 20855 Phone: (301) 670-0016 Fax: (301) 948-3091

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Case 1:06-cv-00436-MCW

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CERTIFICATE OF SERVICE I hereby certify that on this 10th day of September, 2008, a copy of the forgoing ULYSSES' FORMER COUNSEL'S RESPONSE IN CLARIFICATION OF THE FACTS ASSERTED IN THE GOVERNMENT'S MOTION TO LIFT STAY AND TO ISSUE SHOW CAUSE ORDER was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Furthermore, a copy of the foregoing motion and Defendant's Motion To Lift Stay and to Issue Show Cause Order was served upon Plaintiff and Mr. Demetrios Tsoutsas, President of Ulysses Incorporated, by fax at (732) 938-2765 and First Class United States Mail to 5303 Asbury Road, Farmingdale, N.J., 07727.

s/ Marvelle Butler

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