GRANTS the motion, noting that there is no such independent tort of conspiracy under District of Columbia law. Halberstam v. Welch, 227 U.S. App. D.C. 167, 705 F.2d 472, 479 (D.C. Cir. 1983).
III. Ruttenberg, Slocum & Phelps' Motion to Dismiss Third-Party Complaint
In Williams, defendant Ruttenberg, Phelps, Slocum, Boddie, Moffitt and Hughes ("Ruttenberg") has moved to dismiss the third party complaint against it by certain defendants. Ruttenberg, which was a co-defendant, has settled its case with the plaintiff; a settling co-defendant may not be liable for contribution to the other defendants. Martello v. Hawley, 112 U.S. App. D.C. 129, 300 F.2d 721, 724 (D.C. Cir. 1962).
The defendants/third-party plaintiffs, however, note correctly that the issue whether liability is established against Ruttenberg may determine how much the other defendants would have to pay the plaintiffs if they also were found to be liable. See Snowden v. D.C. Transit System, Inc., 147 U.S. App. D.C. 204, 454 F.2d 1047 (D.C.Cir. 1971). The Court concludes that the question whether liability is established against Ruttenberg may be decided by the Court without the necessity of bringing Ruttenberg, a settling party, back into the case. To permit nonsettling defendants to bring settling defendants back into the case would seriously undermine the incentive of parties to settle their claims. Accordingly, the Court GRANTS Ruttenberg's motion to dismiss the third-party complaint.
IV. Cooter, Gell & Cahill's Motion for Summary Judgment
In Robinson, defendant Cooter, Gell & Cahill ("Cooter") -- a law firm -- moves for summary judgment in favor of them on the claim of professional negligence for failing to pursue some of the Robinsons' potential legal remedies. The question is whether there was an attorney-client relationship established between Cooter and Mrs. Robinson.
The plaintiffs maintain that when Mrs. Robinson went to Cooter's office on March 1, 1983 with a lawyer to discuss a matter related to this litigation, an unidentified Cooter lawyer talked to her and told her that Cooter would represent her in her own case. It is clear that there was no written record of any further arrangement between Mrs. Robinson and Cooter, that Mrs. Robinson never contacted Cooter again, and that Cooter never called Mrs. Robinson.
The plaintiff appears to be incorrect in arguing that Cooter represented Mrs. Robinson in a bankruptcy proceeding after the discussion on March 1, 1983. The papers show that Cooter listed her in a bankruptcy petition on February 16, 1983, after receiving permission from her counsel.
Accepting for purposes of this motion the plaintiffs' version of the March 1 discussion, the Court concludes that such an informal conversation, without any additional contact between the two parties, cannot establish an attorney-client relationship between Cooter and Robinson and cannot make Cooter responsible for the failure to pursue certain legal claims within the required time. At best, the conversation between Mrs. Robinson, who went to the Cooter office with a lawyer, and the Cooter attorney was a preliminary step to the establishment of an attorney-client relationship. See Edmund J. Flynn Co. v. LaVay, 431 A.2d 543, 547 (D.C. 1981) (preliminary agreement, without establishment of additional terms or follow-up by either side, is insufficient to establish agency relationship). On the facts as presented by the plaintiff, the Court would not allow this question to be presented to the jury. Accordingly, the Court GRANTS Cooter's motion for summary judgment.
V. Motions on the RICO, Fraud, and Punitive Damage Claims
Various defendants have moved for summary judgment on the RICO, fraud, and punitive damages claims in Williams, Farmer, Robinson, Peskowitz, and Fox. Because the Court's rulings on these issues in Ago have been appealed and because the parties have agreed not to go to trial in any of the remaining cases until the appeal is resolved, the Court reserves its rulings on the defendants' motions for summary judgment on the RICO, fraud, and punitive damage claims until after the decision of the U.S. Court of Appeals in Ago.
Finally, because the Court concludes that the discovery delays in these cases were not the result of bad faith and did not prejudice the defendants, the Court DENIES the defendants' motions for sanctions and costs in Robinson and Williams.
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