Mok v.

Facts

Sherr, counsel for the deceased former plaintiff William Mok, was ordered to show cause in writing by July 10, 2017, why he should not be sanctioned. The complaint alleged that 'the defendants paid Mok in cash until June 3, 2011, and thereafter partially by check and partially in cash' and 'failed to provide the plaintiff with a statement with each payment of wages.' Mok was never examined under oath about his claim in a deposition or otherwise. The claim would have been difficult to prove without Mok's testimony. The Court's Order issued on January 18, 2017, stated: 'Plaintiff's counsel shall forthwith (and no later than seven (7) days from this Order) purge his willful non-compliance with this Court's Order of February 17, 2016, as extended through May 23, 2016, by filing all final pretrial submissions. To the extent this requires the merger of the plaintiff's portion of the Joint Pretrial Order with the defendants, defendants are ordered to cooperate.' The defendant would have discovered that Mok would not be a witness at trial if the January order had been executed by Sherr. Sherr learned of the death while trying to comply with the January order. Sherr learned of the death in January 2017 in an attempt to gain settlement authority. Sherr proceeded to negotiate a settlement with the defendant no later than January 25, 2017. Sherr concealed the death from the court by asking for consent to extend deadlines. In another letter on February 22, Sherr represented that the parties are continuing negotiations. Sherr wrote to the court again on March 8 telling the court the parties have agreed to a settlement. The court granted an adjournment and gave a final Notice and Fair Warning. On June 7 Sherr disclosed that Mok was deceased. On June 8, Sherr disclosed that Mok had died on September 22, 2016. The Court ordered Sherr to show cause why he shouldn’t be sanctioned. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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