Opinion
22-cv-06052-KAW (DMR)
06-05-2023
CES USA, INC., Plaintiff, v. ICOMMUTE, INC., Defendant.
ORDER TO SHOW CAUSE
DONNA M. RYU, CHIEF MAGISTRATE JUDGE
The court held a settlement conference by Zoom on May 23, 2023. When the court initiated the Zoom proceeding, Plaintiff's counsel Lorna Walker was in attendance as was Gary Bauer, the CEO of Defendant iCommute, who was there without lawyer representation. Ms. Walker explained that defense counsel Aaron Hancock was ready to sign onto the Zoom platform but was reluctant to do so because of a “cease and desist” communication he received from his former firm. The court instructed Mr. Hancock to appear. Mr. Hancock explained that when the case started, he worked for the Bishop |Barry law firm but recently had moved to Mokri Vanis & Jones LP. According to Mr. Hancock, Bishop |Barry refused to execute a substitution of counsel and transfer file materials because of a pending billing dispute with an affiliate of Defendant iCommute. When Mr. Hancock made an appearance in another case involving another affiliated company, Bishop|Barry partner Andrew Goode sent Mr. Hancock a “cease and desist” letter stating that Mr. Hancock could not represent that client until a substitution could be filed.
In the lead-up to the settlement conference in this case, Ms. Walker called Mr. Hancock, who explained the situation and directed her to call Bishop|Barry. When she did, she was advised that Bishop|Barry was not representing iCommute and was referred back to Mr. Hancock.
This lawyer run-around resulted in Mr. Bauer showing up at the start of the settlement conference without representation. He was not represented by Mr. Hancock (his attorney of record) or Mr. Goode (the attorney who purportedly refused to execute a substitution of counsel or turn over the client file and sent a threatening letter to Mr. Hancock, but at the same time refused to take action to represent the client).
The court called Mr. Goode during the settlement conference to get his side of the story. The court left a message for him at his office and on his cell phone. Both messages directed Mr. Goode to call the court. Mr. Goode has yet to return the call or communicate with the court in any manner. Mr. Goode, a member of the Northern District of California bar, is ordered to preserve all communications of any kind regarding Bishop| Barry's representation of iCommute, Inc. and any affiliated entities or individuals. By June 12, 2023, Mr. Goode must submit a detailed declaration sworn under of penalty of perjury that addresses and explains the facts and circumstances set forth in this order. The declaration must be lodged with Judge Ryu at the Oakland federal courthouse at 1301 Clay Street, Suite 400S, Oakland, CA 94612. Failure to timely respond may result in sanctions.
The court issued a similar order to Mr. Hancock and Ms. Walker at the settlement conference.
After reviewing Mr. Goode's declaration, the court will determine whether further action is appropriate with respect to Mr. Goode and Mr. Hancock.
The Clerk is directed to serve a copy of this Order on Mr. Goode at his email and mailing addresses on record with the California State Bar.
IT IS SO ORDERED.