UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
- against -
Case No. 1:05-CV-00970 (PLF)
REPLY TO PLAINTIFF’S RESPONSE TO
DEFENDANT’S COUNSEL’S MOTION TO WITHDRAW
BCR files this reply to Plaintiff’s Response to Defendant’s Counsel’s Motion to
Withdraw, filed March 15, 2006 (“Response”), in order to set the statements of plaintiff’s
counsel Jonathan Rosen, Esq., in their proper context.
Significantly, in the Response, Mr. Rosen does not deny the statement in the
Motion to Withdraw that, before Mr. Rosen had filed plaintiff’s Motion to Reschedule Oral
Argument, defendant’s former counsel Thomas Wilson, Esq., informed Mr. Rosen that BCR was
no longer defendant Jessica Cutler’s counsel and that William H. Bode, Esq., would be replacing
BCR as her new counsel. Mr. Rosen also does not deny that Mr. Wilson had given him the
contact information for Mr. Bode. Mr. Wilson may have indicated that he personally was “O.K.”
with rescheduling the oral argument to avoid conflicting with Passover. Nevertheless, the clear
implication of Mr. Wilson’s complete statement to Mr. Rosen was that BCR had no authority to
consent to plaintiff’s forthcoming motion to reschedule, and that Mr. Rosen therefore needed to
consult with Mr. Bode.
Case 1:05-cv-00970-PLF-JMF Document 12 Filed 03/15/2006 Page 1 of 3
STEINBUCH v. CUTLER
Under the circumstances, Mr. Rosen’s contention that Mr. Wilson’s purported
consent to plaintiff’s Motion to Reschedule Oral Argument was somehow legally operative rises
to the level of not being fully candid with the tribunal. See D.C. R. Prof. Conduct 3.3(a); Fed. R.
Civ. P. 11(b)(3).
Dated: Washington, D.C.
March 15, 2006
BERLINER, CORCORAN & ROWE, L.L.P.
Attorneys for Defendant
/s/ Thomas E. Wilson
Thomas E. Wilson
D.C. Bar No. 132704
Alexander C. Vincent
D.C. Bar No. 472459
Jason A. McClurg
D.C. Bar No. 491172
1101 17 Street, N.W.