August 21, 2007
Honorable David H. Coar
United States District Court
Re: Federal Trade Commission v. Sili Neutraceuticals, TIC, and Brian McDaid
No. 07C4541
Dear Judge Coar:
I have been retained to represent the defendants Brian McDaid and Sili Neutraceuticals, LLC, in this FTC enforcement action assigned to your Honor. I have secured Mr. Wernikoff's permission to write directly to your Honor to address scheduling issues. Defendants are specifically requesting a continuance of the status conference scheduled for Wednesday, August 22, 2007, at 9:00 a.m.
The defendants and their attorneys reside in the Philadelphia metropolitian area, and are apparently the subject of an active grand jury investigation within the Eastern District of Pennsylvania. The TRO entered in your Honor's enforcement case froze all of the defendant's assets, and their bank accounts, and prohibits defendant McDaid from spending any money or operating his legitimate business entities. Further, the mandatory disclosure provisions of that TRO present substantial, serious Fifth Amendment issues for defendant McDaid. The Assistant United States Attorney supervising the grand jury investigation in Philadelphia will not agree to immunize whatever statements Mr. McDaid makes here, and will not agree to permit some disclosures to be made here without arguing that these disclosures constitute Fifth Amendment waivers.
I have been negotiating with FTC counsel over the last few days on the scope of an agreed Preliminary Injunction, but we do not yet have an agreement to offer for the Court's approval. I think I speak for both counsel when I say that we are optimistic that the remaining gaps can be bridged before next Monday's scheduled Preliminary Injunction hearing.
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Finally, I am in the process of trying to secure local counsel in your Honor's district. I have been handicapped so far by the limitations imposed on Mr. McDaid's ability to spend money to hire counsel. I also hope to have the local counsel issue addressed before Monday's scheduled hearing.
We respectfully request a continuance of the status conference scheduled tomorrow. We appreciate your consideration.
Respectfully submitted,
cc:
Steven M. Weririkoff
Marissa J. Reich
What do you do when someone from another place comes to your court, hat-in-hand and asks for a continuance?
Why you tell him "Find someone here and only communicate with me through local counsel or I'll strike your motion in 30 days. Your pick.", of course. It's called a Rule 83.15 letter after the local rule it references.
That rule states:
LR83.15. Local Counsel: Designation for Service
(a) Designation. An attorney not having an office within this District (“nonresident attorney”) shall appear before this Court only upon having designated as local counsel a member of the bar of this Court having an office within this District upon whom service of papers may be made. Such designation shall be made at the time the initial notice or pleading is filed by the nonresident attorney. Local counsel shall not file a separate appearance unless that attorney is to participate in the case beyond the extent required of an attorney designated pursuant to this rule.
(b) Penalties. Where the nonresident attorney tenders documents without the required designation of local counsel, the clerk shall process them as if the designation were filed and shall promptly notify the attorney in writing that the designation must be made within 30 days. If the attorney fails to file the designation within that time, the documents filed by the attorney may be stricken by the court.
(c) Duties of Local Counsel. Local counsel shall be responsible for receiving service of notices, pleadings, and other documents and promptly notifying the nonresident attorney of their receipt and contents. In emergencies, local counsel may appear on behalf of the nonresident attorney. This rule does not require local counsel to handle any substantive aspects of the litigation. Such matters may be handled by the nonresident attorney under LR83.12 or LR83.14. Nor does the rule require local counsel to sign any pleading, motion or other paper (See Fed.R.Civ.P. 11).
But, you don't put a copy in PACER. Instead, you have a docket entry that says:
MAILED Rule 83.15 letter to Joseph P. Green, Jr. (ar, ) (Entered: 08/23/2007)