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On October 9, 2008, the court held a show cause hearing for why Jonathan Brackett Crocker
(“Crocker”) should not be sanctioned for violating the standards of practice to be observed by
attorneys practicing in this district. Pursuant to that hearing, the court finds that Crocker participated
in discovery misconduct, and in so doing has violated the standards of practice to be observed by
attorneys practicing in this district. The court makes specific findings of fact and conclusions of law
below. Any finding of fact that is actually a conclusion of law should be treated as such. Any
conclusion of law that is actually a finding of fact should be treated as such. The court also imposes
FINDINGS OF FACT
1. Crocker is an attorney for the firm Holland and Knight, L.L.P. in Washington D.C.
Crocker was admitted to the Florida Bar on November 3, 1994, and to the District of
2. Crocker was admitted pro hac vice for this matter on November 21, 2007.
3. Crocker is representing Defendant LG Display Co. Ltd. in this case. On August 11, 2008,
the court ordered the parties to meet and confer on all outstanding motions (D.I. # 431).
Additionally, the court set a status conference and hearing on three of the plaintiff’s
discovery motions (D.I. ## 204, 365, 393), and a Motion for Sanctions filed by the
plaintiff (D.I. # 384). The plaintiff’s Motion for Sanctions was predicated on a very late
4. Prior to the hearing, Crocker negotiated with the defendants to withdraw their Motion for
Sanctions in return for an extension of time for discovery. Additionally, the defendants
agreed to pay for the plaintiff’s counsel to go to Korea for various depositions.
5. On August 27, 2008, James Brogan, representing the plaintiff, and Jennifer Ainsworth,
for Sanctions and for Limited Extension of Discovery.” (D.I. 481, Ex. 2) The Agreement
6. The following day, August 28, 2008, the plaintiff withdrew its Motion for Sanctions.
Having secured the agreement to withdraw the Motion for Sanctions, on August 29,
2008–one day later–Cocker wrote a letter to plaintiff’s counsel refusing to comply with
the agreement. Specifically, Crocker wrote that the three incorporated exhibits to the
agreement were not fully agreed to. (D.I. 481, Ex. 1). Crocker purported to alter the
7. After reviewing all of the correspondence in this matter, the court finds no indication that
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the exhibits were not fully agreed to. Included in the record is an email that indicates the
notices were being reviewed. In a later email from Jennifer Ainsworth to Ann Marie
Byers on September 25, 2008, Ainsworth, acting for the defendant, confirmed they were
ready to sign with the “last change,” which concerned the number of days for the
depositions.
Agreement. On the eve of their trip to Korea, plaintiff’s counsel filed an Emergency
Motion to Enforce the Agreement (D.I. #467). With the parties’ consent, Magistrate
Judge Everingham heard the dispute via teleconference on September 26, 2008. Judge
Everingham ordered the defendant to fully comply with the agreement, including the
developed in the motion to compel, Judge Everingham ordered Crocker to appear before
Judge Ward to show cause why he should not be sanctioned for violating the standards of
CONCLUSIONS OF LAW
1. Local Rule AT-3 provides that attorneys who appear in civil and criminal cases in this
court shall comply with the following standards of practice in this district:
A. In fulfilling his or her primary duty to the client, a lawyer must be ever conscious
of the broader duty to the judicial system that serves both attorney and client.
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justice and the respect of the public it serves.
F. A client has no right to demand that counsel abuse the opposite party or indulge in
offensive conduct. A lawyer shall always treat adverse witnesses and suitors with
G. In adversary proceedings, clients are litigants and though ill feeling may exist
between clients, such ill feeling should not influence a lawyer's conduct, attitude,
H. A lawyer should not use any form of discovery, or the scheduling of discovery, as
members of the Bar will adhere to the higher standard of conduct which judges,
2. The court has found that Crocker impeded justice by participating in discovery
misconduct in this case. Crocker persuaded opposing counsel to withdraw a Motion for
Sanctions the court was primed to hear. To secure that withdrawal, Crocker negotiated an
agreement whereby the defendant would pay for depositions during an extended
counsel he and his client would not be fully complying with that agreement.
3. Crocker failed to be ever conscious of the broader duty to the judicial system.
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justice and respect for the public.
5. Crocker failed to act with professional integrity and personal dignity by refusing to
6. Crocker acquiesced at his clients wishes to indulge in offensive conduct and act unfairly
to opposing counsel.
7. Crocker abused the discovery process in this case to harass opposing counsel and their
client.
SANCTIONS
Having found that Crocker violated the rules cited above, the court imposes the following
sanctions:
record. If ever Crocker files any application for admission to any bar, when asked the
question whether he has been sanctioned or disciplined for professional misconduct, the
truthful answer to that question will be “yes.” Likewise, if ever Crocker files any
application for any other benefit that asks the question whether he has been sanctioned or
disciplined for professional misconduct, the truthful answer to that question will be “yes.”
2. Should Crocker at any time desire to be admitted to this bar, he is directed that such
application shall be directed to the undersigned Judge rather than through the normal
administrative process.
3. By April 9, 2009, Crocker is to take seventeen hours of continuing legal education in area
of professionalism and ethics from any organization accepted by the Florida Supreme
Court Bar. This is twelve hours above and beyond the continuing legal education
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requirements for the Florida Bar. By that date, Crocker is to certify to this Court that he
has completed those classes, identify the name of the courses, the date he completed
them, and that they are in fact accepted by the Florida Bar.
4. The court finds that the Crocker’s biography on the Holland and Knight website is
October 19, 2008, Crocker is to have the website changed to reflect he is admitted only
5. Crocker is put on formal notice that if at any time in this court there is any further
violation of the Professional Rules of Responsibility, the court shall proceed under Local
Rule AT-2 to seek Mr. Crocker’s disbarment from the bar of district.
6. The court has considered lesser sanctions and concludes that the above sanctions are the
__________________________________________
T. JOHN WARD
UNITED STATES DISTRICT JUDGE