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RESPONDENTS.
July 16. Counsel for Derek Bauman has raised a potential conflict that the City7
Solicitor's Office will address with its clients, and withdrawal of the Response will
permit the parties to ensure that counsel is adhering to the requirements of the
Cincinnati City7 Charter as w7ell as Ohio Rules of Professional Conduct. The conflict
Respectfully Submitted,
{00263038-1}
teriT.nestor@cincinnati-oh.gov
emilv.woerner@cincinnati-oh.gov
Counselfor Respondents
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was filed and sent via electronic mail
s/Emily E. Woerner
Emily E. Woerner (089349)
{00263038-1}
MARKOVITS
J STOCK
DeMARCO
Paul M. De Marco
Attorney
Dear Counsel:
We are in receipt of your filing styled as "Respondents Christopher Smitherman and the
City of Cincinnati's Response to Motion to Intervene." Your signature block refers to you as
"Counsel for Respondents." As you no doubt are aware, the "Respondents" named in the Miller
complaint include not only the City of Cincinnati but also Councilmembers P.G. Sittenfeld, Greg
Landsman, Wendell Young, Tamaya Dennard, and Chris Seelbach. Councilmember Christopher
Smitherman is not. of course, among the "Respondents" named in the Miller complaint. He is,
rather, named as a respondent in Derek Bauman's putative Complaint-in-Intervention.
Please clarify whether your "Response" to Mr. Bauman's motion to intervene was filed
on behalf of your other clients in the Miller action, namely Councilmembers P.G. Sittenfeld,
Greg Landsman, Wendell Young, Tamaya Dennard, and Chris Seelbach. If not, do you intend to
file a response to Derek Bauman's Motion to Intervene on their behalf? If you do, please explain
how you believe you can file that response or take any other action with respect to Mr. Bauman's
motion on the five Councilmembers' behalf without a conflict of interest and without securing
written informed consent from each of the five Councilmembers you claim to represent in Miller.
See Rules 1 .7(a), (b), and (c) and 1 .4(a) and (b) of the Ohio Rules of Professional Conduct.
Thank you.
Sincerely,
1 . /J
EXHIBIT
Paul M. De Marco $
Markovits, Stock & DeMarco LLC s
3
A
Markovits Stock DeMarco LLC Business 5 1 3.65 1. 3700 DeMarcoWorld@yahoo.com
3825 Edwards Road, Suite 650 Mobile 5 1 3.407.0369 PDeMarco@MSDLegal.com
Cincinnati, Ohio 45209 MSDLegal.com