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  • Masi v. Mythical EntertainmentMasi v. Mythical Entertainment
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Masi v. Mythical Entertainment

United States District Court for the Eastern District of North Carolina
2020 WL 233817 (2020)


Facts

Attorney Richard Liebowitz had already appeared pro hac vice in three other cases in the Eastern District of North Carolina in 2019 when he filed notices to appear representing Alessandro Masi and Steve Sands (plaintiffs) in consolidated cases against Mythical Entertainment and Epicstream, LLC (defendants). Opposing counsel promptly filed a motion to disqualify Liebowitz under the local rules, which prohibited appearing pro hac vice more than three times a year without a good reason. The court ordered Liebowitz to show cause why it should not disqualify him. Liebowitz filed a response explaining that the cases were “simple” actions, that all but two had settled, and that he had retained local counsel. Liebowitz also argued that no showing had been made that he was not competent to handle the cases, but the court noted multiple deficiencies in four of them, and one deficiency remained outstanding. In the alternative, Liebowitz asked the court to allow another attorney from his law firm to substitute for him.

Rule of Law

Issue

Holding and Reasoning (Flanagan, J.)

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