IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02421-REB-MJW

ALEMAYEHU GETACHEW,

Plaintiff,

v.

7-ELEVEN, INC.,

Defendants.

ORDER REGARDING 

PLAINTIFF’S MOTION REQUESTING DEFENDANT 7-ELEVEN, INC.’S ATTORNEY

ERIC A. WELTER TO RESIGN REPRESENTING HIS CLIENT ON THIS CASE OR

THE UNITED STATES COURT TO BAR HIM BECAUSE OF A LEGAL ETHICAL

CONCERN AND HIS VIOLATION OF COURT’S DISCIPLINARY RULES

(DOCKET NO. 42)

 

MICHAEL J. WATANABE

United States Magistrate Judge

This matter is before the court on the Pro Se Plaintiff’s Motion Requesting

Defendant 7-Eleven, Inc.’s Attorney Eric A. Welter to Resign Representing His Client on

this Case or the United States Court to Bar Him Because of a Legal Ethical Concern

and His Violation of Court’s Disciplinary Rules (docket no. 42). The court has reviewed

the subject motion (docket no. 42) and the response (docket no. 46) thereto. In

addition, the court has taken judicial notice of the court file and has considered

applicable Federal Rules of Civil Procedure and case law. The court now being fully

informed makes the following findings of fact, conclusions of law, and Order. 

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The court finds:

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1. That I have jurisdiction over the subject matter and over the parties

to this lawsuit;

2. That venue is proper in the state and District of Colorado;

3. That each party has been given a fair and adequate opportunity to

be heard;

4. That a motion to disqualify counsel is addressed to the sound

discretion of the district court. World Youth Day, Inc. v. Famous

Artists Merch. Exch., Inc., 866 F. Supp. 1297, 1301 (D. Colo. 1994). 

The moving party has the burden to establish the grounds for

disqualification of an attorney. Religious Tech. Ctr. v. F.A.C.T. Net,

Inc., 945 F. Supp. 1470, 1473 (D. Colo. 1996). The Colorado

Supreme Court adopted the Colorado Rules of Professional

Conduct, and they are applicable in the United States District Court

for the District of Colorado. See id. at 1474; and

5. That in the subject motion (docket no. 42), in paragraphs

[averments] 1-20, inclusive, 31-39, inclusive, and 46-54, inclusive,

the Pro Se Plaintiff alleges misconduct by Defendant 7-Eleven’s

counsel Eric A. Welter. After carefully reviewing these paragraphs,

I find that the Pro Se Plaintiff has failed to meet his burden of proof

to establish a violation of the Rules of Professional Conduct by

Defendant 7-Eleven’s counsel Eric A. Welter. Accordingly, the

subject motion should be denied. 

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ORDER

WHEREFORE, based upon these findings of fact and conclusions of law this

court ORDERS:

1. That the Pro Se Plaintiff’s Motion Requesting Defendant 7-Eleven,

Inc.’s Attorney Eric A. Welter to Resign Representing His Client on

this Case or the United States Court to Bar Him Because of a Legal

Ethical Concern and His Violation of Court’s Disciplinary Rules

(docket no. 42) is DENIED; and

2. That each party shall pay their own attorney fees and costs for this

motion.

Done this 21st day of March 2012. 

BY THE COURT

s/Michael J. Watanabe

MICHAEL J. WATANABE

U.S. MAGISTRATE JUDGE

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