RE: Michigan client-Virginia Case

["Laura E. Jordan" <LJordan@TheCapitalLawFirm.com>]

This is a multi-part message in MIME format.

Mr. Faraj --

 

Again, thank you for your consideration of my firm in this matter.  Further
to my cursory review of the docket report and pleadings, I have several
questions.  As background, please be advised that I have fairly significant
trademark, federal litigation, and Eastern District experience.  However, my
years of experience have shown me the wisdom of treading lightly where
others have gone before.  Moreover, I am frankly astonished that a judge in
the Eastern District has allowed a party to blow through this many
attorneys, particularly with deadlines set.  This makes it highly likely
that the next Virginia counsel will be their last, and that permission will
not be granted for that counsel to withdraw.  This makes it doubly important
to tread lightly, and to understand the situation as fully as possible
before committing.

 

I apologize in advance if this seems unduly blunt; however, I believe
circumstances justify some direct and expedited communication.

 

1.            Defendants have gone through default (albeit vacated) and two
sets of Virginia counsel.  Why?  Their various pleadings state that it is
logistically difficult to retain Virginia counsel, but my many years'
experience retaining and managing local counsel nationwide for a major
automobile manufacturer's national products liability defense team suggests
that in fact it is not.  Why do Defendants continue to argue that this is a
difficult endeavor?

 

2.            Your email says that their Michigan counsel does not represent
them in this matter.  However, the Court's docket report states to the
contrary.  Please explain.

 

3.            Defendants have known since April 21 that they must retain new
Virginia counsel.  What has occasioned this most recent delay in doing so?

 

4.            Were any of the issues with prior counsel caused by
Defendants' failure to pay their attorneys?

 

5.            Are Defendants looking for Virginia counsel to take the lead
counsel or local counsel role?

 

These are threshold questions.  Others will follow depending upon the
answers to these.

 

As you are no doubt aware, there is a fair amount at stake here for
Defendants. In addition to the alleged new damages, the settlement agreement
provides that the losing party pays the prevailing party's attorneys fees in
any enforcement litigation.  

 

Please do not misconstrue my questions as impugning Defendants' defenses or
integrity.  However, especially with this history, it is important to be
clear about the causes, and about expectations going forward.

 

We can discuss the above points by telephone if you wish.  If so, please
email me and I will call you.

 

Thank you.

 

 

Laura E. Jordan, Esq.

LJordan@TheCapitalLawFirm.com

 

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From: Haytham [mailto:haytham@puckettfaraj.com] 
Sent: Friday, April 29, 2011 7:00 PM
To: LJordan@TheCapitalLawFirm.com
Cc: Eric S. Montalvo
Subject: Michigan client-Virginia Case

 

Hi Laura,

I am attaching the documents forwarded to me by the attorney working with
the client in Michigan. The Michigan attorney does not represent the client
in this matter but provides them representation in other matters in
Michigan. 

 

You may call me at 760-521-7934

 

Thanks

Haytham Faraj 

Sent from my iPhone


Begin forwarded message:

From: "Sam M. Fakih" <sfakih@fakihlaw.com>
Date: April 26, 2011 6:25:12 PM EDT
To: <haytham@puckettfaraj.com>
Subject: Virginia Case

Haytham,

 

I hope you are doing well.

 

I am attaching several documents from this Virgina case that we discussed
last week.  Following your advise, I was able to convince the judge to allow
the client more time to obtain counsel and answer the outstanding motions.