some reasonable assurance that such attorney is familiar with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of New York, this Court's Individual Rules, and the customs and practices of this Court. In light of the actions that plaintiffs' counsel has taken in the instant litigation to date, this Court lacks such a reasonable assurance.
Not only did plaintiffs' counsel previously file a flawed application for admission pro hac vice, but the instant application is also deficient. Unlike the previous application for admission pro hac vice, which was brought by plaintiffs' local counsel, no lawyer admitted to practice before this Court brought the instant application. Rather, Botti signed all of the papers in support of the instant application to admit Botti, DeLongis, and Menna pro hac vice. Thus, like plaintiffs' Rule 6(b) motion, the instant motion for admission pro hac vice is not properly before this Court because this motion was made by an attorney who is not admitted to practice before this Court. Once again, Botti's act of bringing this motion may have violated New York State's law against the unauthorized practice of law.
While plaintiffs' counsel has twice represented to this Court in writing that they are familiar with practice before this Court, their actions have twice demonstrated that they lack even a basic understanding of how to proceed before this Court. This Court is troubled by the fact that neither DeLongis nor Menna--who practice law with Botti--realized that the two motions that Botti has sought to bring before this Court are improper for the simple reason that Botti is not admitted to practice in the Southern District of New York. It is remarkable that, like Botti, DeLongis and Menna failed to comprehend that Botti's actions in bringing motions before this Court may constitute a crime.
Although it is unusual to deny an application for admission pro hac vice with prejudice, this Court finds that such a denial is appropriate in the instant case. The interests of judicial economy militate against permitting attorneys who are not competent to practice before this Court to appear pro hac vice. After reviewing the past two submissions from plaintiffs' counsel, this Court finds that they are not competent to practice before this Court. Accordingly, it would be wasteful of both time and resources to review future applications for admission pro hac vice.
Finally, it must be noted that the fact that plaintiffs' attorneys submitted their motion for admission pro hac vice simultaneously with their Rule 6(b) motion in no way excuses plaintiffs' attorneys' conduct. By bringing a motion for admission pro hac vice, plaintiffs' attorneys seek the right to practice before this Court. It is axiomatic that unless and until that motion is granted, plaintiffs' attorneys may not practice before this Court. Yet, at the very same time that plaintiffs' attorneys sought to be admitted to practice before this Court, Botti brought the Rule 6(b) motion. Bringing such a motion obviously constitutes practice before this Court, and Botti should have sought admission pro hac vice before bringing the Rule 6(b) motion. Indeed, plaintiffs' attorneys had ample time to seek admission pro hac vice. In January of this year, this Court rejected the first application to admit plaintiffs' attorneys pro hac vice. United States v. International Bhd. of Teamsters, et al., 911 F. Supp. at 754. In the almost three months that have elapsed since this Court filed that Opinion and Order, plaintiffs' attorneys made no attempt to seek admission pro hac vice until plaintiffs brought the Rule 6(b) motion.
IT IS HEREBY ORDERED that plaintiffs' Rule 6(b) motion is DENIED.
IT IS FURTHER ORDERED that the application to admit Botti, DeLongis, and Menna to appear before this Court pro hac vice is DENIED WITH PREJUDICE.
DATED: New York, New York
April 10, 1996
David N. Edelstein