2/12/1999 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

FRIDAY

February 12, 1999

DISCIPLINARY DOCKET

97-2647. Cleveland Bar Assn. v. Shafran.
On February 2, 1999, this court ordered that the stayed two-year suspension of
respondent, Michael Shafran, be immediately reimposed and that within one week
of the order, respondent transfer all client files to the Cleveland Bar Association.
It now appearing to this court that the February 2, 1999 order incorrectly showed
respondent's attorney registration number as 0028891,

IT IS HEREBY ORDERED by the court, sua sponte, that the February 2,
1999 order be corrected to show that respondent's Attorney Registration No. is
0028991.

IT IS FURTHER ORDERED by the court, sua sponte, that all other
provisions in the February 2, 1999 order, including but not limited to ordering
respondent to transfer all client files to the Cleveland Bar Association within one
week of February 2, 1999, remain in effect.

98-2207. In re Enforcement of Subpoena Duces Tecum Directed to Custodian
of Records, Wallaby's, Inc.
On October 21, 1998, movant, Ohio State Bar Association, filed a motion
requesting this court to order the Custodian of Records of Wallaby's, Inc. to
appear before the court to show cause why that person and Wallaby's, Inc. failed
to obey subpoenas duces tecum issued by the Board of Commissioners on

Grievances and Discipline. On November 23, 1998, movant filed notice of the
action that respondent had taken to purge itself of contempt. On December 16,
1998, this court ordered that the movant be awarded all costs and fees, including
reasonable attorney fees, that the movant incurred in prosecuting this enforcement
proceeding. On December 28, 1998, respondent filed a motion to vacate this
court's December 16, 1998 order. Upon consideration thereof,

IT IS ORDERED by the court that the motion to vacate the court's
December 16, 1998 order be, and is, hereby, granted.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form,
number, and timeliness of filings.

Moyer, C.J., F.E. Sweeney and Cook, JJ., dissent.

98-2208. In re Enforcement of Subpoena Duces Tecum Directed to Peh.
On October 21, 1998, movant, Ohio State Bar Association, filed a motion
requesting this court to order Tony Peh to appear before the court to show cause
why he failed to obey a subpoena duces tecum issued by the Board of
Commissioners on Grievances and Discipline. On November 23, 1998, movant
filed a notice of the action that respondent had taken to purge himself of contempt.
On December 16, 1998, this court ordered that the movant be awarded all costs
and fees in this action, including reasonable attorney fees, that the movant
incurred in prosecuting this enforcement proceeding. On December 28, 1998,
respondent filed a motion to vacate this court's order of December 16, 1998.
Upon consideration thereof,

IT IS ORDERED by the court that the motion to vacate the court's
December 16, 1998 order be, and is, hereby, granted.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form,
number, and timeliness of filings.

Moyer, C.J., F.E. Sweeney and Cook, JJ., dissent.

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02/12/98