The opinion of the court was delivered by: HARRIS
STANLEY S. HARRIS, UNITED STATES DISTRICT JUDGE.
Allen N. Brunwasser is not a member of the bar of this court (or of the bar of the District of Columbia). Rule 104(d) of the local rules of this court provides that an attorney in such a situation "may be heard in open court only by permission of the judge to whom the case is assigned." This Court had granted Mr. Brunwasser's request to appear pro hac vice, and had waived other requirements of Local Rule 104 which direct that local counsel participate in matters being handled by non-members of our bar.
That goal was not to be achieved. Mr. Jacobovitz was contacted promptly, and it appears that he telephoned defendant at 8:00 o'clock on the morning of November 25. It appears that defendant recorded that conversation, and a purported transcript of it was filed with the Court as an attachment to the motion which is the subject of this Memorandum Order.
On November 30, 1987, Messrs. Gibson and Brunwasser filed herein a Motion for Reconsideration, Reargument, To Amend the November 24, 1987 Order or Judgment of United States District Judge Stanley S. Harris and for F.R.C.P. 60(b) Relief and for Clarification.
Of course, Messrs. Gibson and Brunwasser had every right to request reconsideration. However, exercising that right has led to more delay. The Government opposed the motion for reconsideration on December 3. A reply by Messrs. Gibson and Brunwasser would have been due by December 15; none was filed.
The Court sees no need to deal with the many murky matters raised by Mr. Brunwasser in the motion for reconsideration.
The entire record makes it overwhelmingly clear that the motion for reconsideration must be denied; Mr. Brunwasser will not be heard again in open court in this case.
Remaining for consideration are Mr. Jacobovitz' two pleadings requesting leave to withdraw as local counsel. The Court recognizes that Mr. Brunwasser's extraordinary handling of this case, including but not limited to his blatant disregard of the important requirements of Local Rule 104 (and of the Court's specific direction that the rule be complied with), have placed Mr. Jacobovitz in an unenviable and uncomfortable position. However, with the compulsory removal of Mr. Brunwasser from the case, the Court is reluctant to permit Mr. Jacobovitz to withdraw unless and until Mr. Gibson selects an alternative counsel. Accordingly, Mr. Jacobovitz' motions are denied without prejudice.
In summary, then, it hereby is
ORDERED, that the Motion for Reconsideration, Reargument, To Amend the November 24, 1987 Order or Judgment of United States District Judge Stanley S. Harris and for F.R.C.P. 60(b) Relief and for Clarification is denied. It hereby further is
ORDERED, that Mr. Jacobovitz' Renewal of Motion To Withdraw and his Supplemental Motion To Withdraw and Request for Expedited Ruling are denied without prejudice. It hereby further is
ORDERED, that the Informational Response of Defendant and Request for an Evidentiary Hearing is denied. It hereby further is
ORDERED, that the hearing on the motion to suppress shall resume at 1:30 p.m. on January 5, ...