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    Kuzmin V

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    Nypho Pareño
    The court sanctioned plaintiff's counsel, John Exline, for unethical conduct in pursuing a default judgment motion. Specifically, Exline filed motions for default judgment against defendants who had not been properly served, in violation of local rules and professional conduct standards. The court found Exline's arguments in defense of his actions unpersuasive. Exline was directed to report to the court within six months regarding the sanctions imposed against him.

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    Kuzmin V

    Uploaded by

    Nypho Pareño
    73 views1 page
    The court sanctioned plaintiff's counsel, John Exline, for unethical conduct in pursuing a default judgment motion. Specifically, Exline filed motions for default judgment against defendants who had not been properly served, in violation of local rules and professional conduct standards. The court found Exline's arguments in defense of his actions unpersuasive. Exline was directed to report to the court within six months regarding the sanctions imposed against him.

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    Kuzmin v

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    The court sanctioned plaintiff's counsel, John Exline, for unethical conduct in pursuing a default judgment motion. Specifically, Exline filed motions for default judgment against defendants who had not been properly served, in violation of local rules and professional conduct standards. The court found Exline's arguments in defense of his actions unpersuasive. Exline was directed to report to the court within six months regarding the sanctions imposed against him.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    73 views1 page

    Kuzmin V

    Uploaded by

    Nypho Pareño
    The court sanctioned plaintiff's counsel, John Exline, for unethical conduct in pursuing a default judgment motion. Specifically, Exline filed motions for default judgment against defendants who had not been properly served, in violation of local rules and professional conduct standards. The court found Exline's arguments in defense of his actions unpersuasive. Exline was directed to report to the court within six months regarding the sanctions imposed against him.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Kuzmin v. Thermaflo, Inc., Nos.

    2:07-cv-00554-
    TJW, 2:08-cv-0031-TJW-CE, 2009 WL 1421173
    (E.D. Tex. May 20, 2009). T. John Ward

    SYLLABI/SYLLABUS

    On May 20, 2009, the Court held a hearing in this matter and sanctioned plaintiff's counsel, Mr. John
    Exline for his unethical conduct in pursuing plaintiff's default judgment motion in the above referenced
    cases.

    FACTS

     Kuzmin filed 3 separate cases against defendants, Peter Howard, Steve Shanoun, and Thermaflow
    and Comair
     The plaintiff's lawyer, David Schiller, emailed 3 copies of complaint to defendants counsel, David R.
    Sherits, but failed to timely respond to it.
     Plaintiff filed the motion for entry of default in two cases and the clerk entered defaults in both
    cases even though there had been some progress in the other case.
     Plaintiff then filed motion for default judgment on October 9, 2008, where the defendants did not
    appear.
     On October 20, 2008, the defendant made their first apperance and filed motions to set aside
    default and their opposition to entry of default judgment.
     The Court granted the defendant and directed the plaintiff's counsel, Mr. Exline to show cause why
    he should not be sanctioned for the manner in which he pursued plaintiff's motions for default
    judgment before the Court.

    ISSUE

     Whether or not the plaintiff's counsel, Mr. Exline, be sanctioned for his conduct in handling the
    case?

    RULING

     Yes, Mr. Exline should be sanctioned for his conduct in handling the case.

     The Court found that Mr. Exline had violated both the local rules of this Court as well the Texas
    Supreme Court's Creed on Professionalism. Mr. Exline presented various arguments both in his
    response to the Court's order as well as at the hearing held in this matter. (Kuzmin II, Dkt. No. 30;
    Kuzmin III, Dkt. No. 29). The Court, however, finds these arguments unpersuasive.

    FALLO

     Mr. Exline is directed to report to the Court within six months of the date of this order as required
    by the sanctions issued against him.

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