officers appointed pursuant to the Consent Decree could be forced to spend a substantial amount of time defending the Erbacci action in the Northern District of Illinois, thereby hindering their ability to perform their respective functions under the Consent Decree. Further, in view of the vast amount of litigation that the Consent Decree has spawned, the possibility exists that future litigants could bring similar suits in other forums, thereby "bogging the Court officers down in duplicative, harassing, and perhaps frivolous litigation." Id Interest of judicial economy also militate in favor of litigating Erbacci before this Court, which has handled the Consent Decree litigation since its inception, and which is fully familiar with the extensive law of this case.
Accordingly, this Court finds that plaintiffs should be enjoined under the All Writs Act from pursuing the Erbacci litigation in any court or forum other than this Court.
3. Plaintiffs' Attorneys' Motion To Appear Pro Hoc Vice
Plaintiffs' attorneys Aldo E. Botti, Peter M. DeLongis, and Ronald D. Menna move this Court to admit them to practice pro hoc vice.
In support of this motion, each of these attorneys submitted an affidavit to this Court, claiming that he is familiar with the United States District Courts for the Southern and Eastern Districts of New York Joint Rules for General, Civil, Criminal, Admiralty and Magistrate Judge Proceedings ("the Local Rules"). The Government has not opposed this motion.
Despite plaintiffs' attorneys' claimed familiarity with the Local Rules, however, the memorandum that plaintiffs' attorneys submitted in opposition to the Government's application violates Local Civil Rule 1(b), which states in relevant part: "All pleadings, motions, and other papers that are submitted for filing must be signed by an attorney of record in said attorney's own name with the name printed or typed directly below the signature and must show the attorney's address, telephone number, the initials of their first and last name, and the last four digits of that social security number." Although Mr. Botti signed plaintiffs' memorandum, he failed to place any of the information required by Local Civil Rule 1(b) "directly below [his] signature," and he entirely failed to include "the initials of [his] first and last name [and] the last four digits of [his] social security number."
Moreover, plaintiffs' attorneys violated Local Civil Rule 1(b) in exactly the same fashion in their respective affidavits in support of their motion to be admitted pro hoc vice. In each of these affidavits, the information required by Local Civil Rule 1(b) is not "directly below" the attorney's signature, and in each affidavit, the attorney fails to include "the initials of [his] first and last name [and] the last four digits of [his] social security number."
Plaintiffs' attorneys also violated this Court's Individual Rule 1(b), which states in relevant part: "Courtesy copies of all papers . . . should be delivered to chambers on the date of filing." In the instant case, on the date of filing, plaintiffs' attorneys failed to deliver courtesy copies of any of the papers that they filed in opposition to the Government's application or in support of the instant motion to appear pro hoc vice. In fact, this Court did not receive copies of any of these papers until Chambers telephoned plaintiffs' attorneys, informing them that they had failed to deliver courtesy copies and asking them to correct this oversight.
In addition, although each of plaintiffs' attorneys swore that he was familiar with the Local Rules, each of these attorneys referred to the Local Rules by the wrong title. In their respective affidavits, plaintiffs' attorneys swore that they "have read and [are] familiar with . . . "Rules of the United States District [sic] for the Southern and Eastern Districts of New York." Had any of plaintiffs' attorneys reviewed the title of the rules that he claims to have read and to be familiar with, he would have discovered that these rules are entitled "United States District Courts for the Southern and Eastern Districts of New York Joint Rules for General, Civil, Criminal, Admiralty and Magistrate Judge Proceedings."
Before plaintiffs' attorneys may appear before this Court, this Court must have some reasonable assurance that these attorneys are familiar with the Local Rules and this Court's Individual Rules. Far from demonstrating such familiarity, however, plaintiffs' attorneys have submitted papers that violate these rules. Moreover, in view of these errors, this Court has grave doubts regarding the truthfulness of the statement that each of plaintiffs' attorneys made in his affidavit: "I have read and am familiar with . . . Rules of the United States District [sic] for the Southern and Eastern Districts of New York." This Court is particularly troubled by the fact that plaintiffs' attorneys respectively made this representation to this Court "on oath" in sworn affidavits.
Because of the flaws in plaintiffs' attorneys' papers, their motion to be admitted pro hoc vice should be denied without prejudice. This Court strongly recommends that plaintiffs' attorneys review the Federal Rules of Civil Procedure, the Local Rules, and this Court's Individual Rules.
For all the foregoing reasons, the Government's motion is GRANTED.
Plaintiffs in Erbacci, et al. v. United States, et al., 95 C. 3171 (N.D. Ill.) are hereby enjoined from pursuing that action in any court or forum in any jurisdiction except this Court. Within ten days of the date that this Opinion and Order is filed, plaintiffs in Erbacci, et al. v. United States, et al., 95 C. 3171 (N.D. Ill.) shall either move to dismiss their action or move to transfer their action to this Court.
Plaintiffs motion to admit Aldo E. Botti, Peter M. DeLongis, and Ronald D. Menna to appear before this Court pro hoc vice is DENIED WITHOUT PREJUDICE.
Dated: New York, New York
January 19, 1996
David N. Edelstein