Wednesday, March 21, 2018
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Ninth Circuit:
Judge Was Justified in Sanctioning Lawyer Who Pretended to Be ‘Local’ Counsel
By a MetNews Staff Writer
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GINO SERPE San Diego Lawyer |
The Ninth U.S. Circuit Court of Appeals yesterday affirmed the imposition of a $500 sanction on a San Diego lawyer for attempting to fool a district judge of the Central District of California into thinking he maintains an office here.
A defendant in a trademark dispute wanted to be represented by two District of Columbia lawyers—Amanda Lutz and David E. Weslow of Wiley Rein LLP—but their application to act pro hac vice was denied by District Court Judge Percy Anderson.
Attorney Gino D. Serpe, who was admitted to practice in the Central District in 1997 but has his office in San Diego (in the Southern District of California), then purported to act as “local counsel” backing up Lutz and Weslow, in order to satisfy the requirement of Local Rule 83-2.1.3.4.
Wording of Rule
The rule provides:
“Every attorney seeking to appear pro hac vice must designate as Local Counsel an attorney with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom documents may be served. An attorney may be designated as Local Counsel only if he or she: (1) is a member of the Bar of this Court; and (2) maintains an office within the District.”
Anderson found that Serpe was not “local counsel,” as defined by the rule, denying a second pro hac vice application, terminating Serpe’s representation on July 5, 2016, and sanctioning him. The case—over look-alike packaging of basmati rice—was subsequently settled.
Rented Office
Yesterday’s memorandum opinion affirms the sanction. It recites:
“Serpe rented a location within the District only after the denial of the first set of pro hac vice applications, and admits that he had no meaningful connection to the office, which he ceased to rent after denial of the second set of pro hac vice applications.”
The opinion adds:
“The district court also did not abuse its discretion by sanctioning Serpe….Sufficient record evidence, including the district court’s credibility determination, supports the factual finding that Serpe attempted to evade the Rules requirements in bad faith.”
The case is KRBL Limited v. Serpe, 16-56127.
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