08/11/2010 ORDER re 111 Letter: The Court received this letter, which was addressed to the SEC, from counsel representing shareholders of Spongetech in the SDNY bankruptcy action. While the cover letter to the Court and the SEC letter request that it not be made part of the public record, no reason is set forth justifying the request. The Court has had the letter docketed for the following reasons: (1) The Court finds that nothing in the letter justifies not including it on the public docket; (2) the letter constitutes an improper ex parte communication with the Court as copies were not sent to the defendants in this case; (3) the Court finds this communication with the Court to be highly objectionable and improper and the Court will not countenance such communications with the Court from counsel to any interested party or from any interested party; and (4) the Court further finds the communication to be improper to the extent that it may seek to sway any decision by the Court. Any further attempts to improperly communicate with this Court by any attorney or interested party may be met with sanctions. The Clerk of Court is directed to mail a copy of this electronic order and the attached documents to W. Darrell Whitley, Esq. at 23 West Second Street, Lexington, NC 27292. SO ORDERED by Judge Dora Lizette Irizarry on 8/11/2010. (Irizarry, Dora) (Entered: 08/11/2010)
Any further attempts to improperly communicate with this Court by any attorney or interested party may be met with sanctions. The Clerk of Court is directed to mail a copy of this electronic order and the attached documents to W. Darrell Whitley, Esq. at 23 West Second Street, Lexington, NC 27292. SO ORDERED by Judge Dora Lizette Irizarry on 8/11/2010. (Irizarry, Dora) (Entered: 08/11/2010)
"The Court has had the letter docketed for the following reasons: (1) The Court finds that nothing in the letter justifies not including it on the public docket; (2) the letter constitutes an improper ex parte communication with the Court as copies were not sent to the defendants in this case; (3) the Court finds this communication with the Court to be highly objectionable and improper and the Court will not countenance such communications with the Court from counsel to any interested party or from any interested party; and (4) the Court further finds the communication to be improper to the extent that it may seek to sway any decision by the Court. Any further attempts to improperly communicate with this Court by any attorney or interested party may be met with sanctions."
bwahahahaha, way to go SPNG stucks, ticking off the judge is not a very bright idea. i guess the backwoods ambulance chaser Darrell Whitley is a little out of his league.
Pacer update 23 Aug 10 SEC v Spongetech CIVIL DOCKET FOR CASE #: 1:10-cv-02031-DLI -JMA
Date Filed # Docket Text
08/23/2010 SCHEDULING ORDER: the initial conference before Judge Azrack scheduled for 9/8/10 at 2:00 PM is hereby adjourned sine die pending resolution of the motion for change of venue. In the event the motion is denied, plaintiff's counsel shall confer with all defendants and submit proposed conference dates to the undersigned via ECF. Ordered by Magistrate Judge Joan M. Azrack on 8/23/2010. (Bhatt, Tina) (Entered: 08/23/2010)
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