Preview
FILED
5/10/2023 9:03 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CASE NO .: 'D'C-‘2'340'04 14
*
GILBERT ROSENTHAL, pro se
*
Plaintiff IN THE DISTRICT COURT OF TEXAS
*
V. 193m DISTRICT COURT
TABE PETROLEUM CORPORATION" *"
DALLAS COUNTY, TEXAS
*
and
*
KEVIN TABE, Individually
*
Defendants
MOTION TO DEFER DISMISSAL AND
MAINTAIN THE ABOVE CAPTIONED CASE ON THE COURT DOCKET
Giibert Rosenthal, pro se, Plaintiff, files this Motion to Defer Dismissal and Maintain
the Above Captioned Case on the Court Docket, and states:
1. There is before this Court a hearing scheduled on the initial Dismissal
Docket, as per Tex. R. Civ. P. 1653 for Thursday, May 11, 2023, at 1:30 pm. Rule 1658
provides for the Court to dismiss for want of prosecution unless there is good cause to be
made tor the case "to be maintained on the docket. Plaintiff suggests 'tha‘t'there is good
cause for the case to remain on the docket, and therefore files this Motion.
2. The docket entries indicate that the above captioned case was filed on or
about January 13, 2023. However, the Citations for service on Defendants do not appear
to have been issued until April 25, 2023.
3'. Plaintiff acknowfedges that at the present time, neither Defendant has been
served with these Citations nor the Original Complaint and attending documents. For
good cause for granting of this Motion, Ptaintiff suggests the following reasons:
A. The Citations were issued less than ten days ago.
‘B. 'The addresses of ‘Defendan'ts'in possession of Plaintiff proved to be
incorrect.
C. Plaintiff now has the correct address of Defendants, and has been
negotiating with Dallas Private Process Service to properly serve both Defendants at the
same new address.
D. Plaintiff obtained the proper address of Defendant Kevin Tabe, a
Maryland attorney, by virtue of obtaining Defendant Kevin Tabe’s address through
records of the Maryland Supreme Court, including the fact that Defendant Kevin Tabe’s
license to practice law 'in the State of Maryland 'has been suspended for disciplinary
reasons. See attached Exhibit ‘l. Assuming that the above captioned case is not
dismissed because of good cause shown, Plaintiff will make sure that both Defendants
are properly served within the next 45 days by Dallas Private Process Service, or some
other Private Process Server licensed in Dallas County, Texas.
4. Limitations on the claim of Plaintiff are still within the Statute of Limitations
for such claims. If the above captioned case is dismissed for want of prosecution, a new
Complaint would be filed, which wouid entail loss of time, effort and judicial economy in
haVing "the 'Cler‘k and Court also 'haVing to begin anew.
WH'E'REFO‘RE, having shown good cause for maintaining the above captioned
case on the Court Docket, Plaintiff, Gilbert Rosenthal, pro se, requests this Court to pass
an Order maintaining the above captioned case on the Court Docket and deferring
dismissal for at ieast 45 days after the signing of the proposed Order by this Court.
Respectfully submitted,
By: ls/
Gilbert Rosenthal
10542 Jackson Square Drive
‘ Estero, FL 33928
410-440-4800
1-239-949-0929 (fax)
LR1229@aol.com
Plaintiff, Pro Se
EXHIBIT 1"
Attorney Grievance Commission of Mgland v. Kevin Mbeh Tabe, AG No. 6, September
Term, 2022
ATTORNEY DISCIPLINE SAN CTIONS — 90-DAY SUSPENSION — Supreme
--
Court of Maryland* suspended from practice of law for 90 days, with conditions,
lawyer
who, among other things, failed to competently represent two clients in matters in
connection with federal immigration proceedings. In both matters, lawyer failed to
deposit
fees into trust account. In one matter, lawyer did not appear at
preliminary hearing, did not
effectively explain asylum process to client, submitted asylum application with several
important errors, and lost client’s only form- of photographic identification. In second
matter5 lawyer failed to appear; and caused his client to not appears at merits hearing; and
neglected to include required affidavit with motion to reopen.
Such conduct violated Maryland Attorneys’ Rules of Professional Conduct
(“MARPC”)
1.1 (Competence), 1.15(a) (Safekeeping that is
Property), 8.4(cl) (Conduct Prejudicial to
Administration of Justice), and 8.4(a) (Violating MARPC); Maryland Rule 19-404 (Trust
Account — Required Deposits); and Federal Immigration Rules of Pro fess’ional Conduct for
Practitioners, 8 OF R § 1003.102(a)(1), (1), (n), (o), (q), and (I).
*At the time ofthe filing ofthe Petition fer Disciplinary or Remedial Action in this
case,
the Supreme Court of Maryland was named the Court of of At the
Appeals Maryland.
November 8, 2022 general election, the voters of
Maryland ratified a constitutional
amendment changing the name of the Court of Appeals of
Maryland to the Supreme Court
of Maryland. The name change took effect on December 14, 2022.
4117123; 8:2TAM MDattOrney suspended fer mishandling immigrant clients" asylum claims
MARYLAND
THE DAILY RECORD
YOUR TRUSTEE SOURCE OF BUSINESS, LEGAL AND GOVERNMENT NEWS SINCE 18“.
"Mid. attorney suspended for mishandling immigrant el'ients’ asylum claims
33y: Madeieine O'Neill @March 2, 2023
An immigration lawyer whose mishandling of two asylum cases led to negative outcomes for both clients has been
suspended from practicing law in Maryland for 90 days.
The Maryland Supreme Court found that the attomey, Kevin M. Tabs, failed to competently
represent his clients. In
one case, he lost the client's only form of photographic identification, which contributed to a
judge's denial of the
cfient’s asylum application.
But the Supreme Court concluded that a 90-day suspension was
appropriate instead of a more severe sanction
because Tabe’s errors did not involve intentional dishonesty. Justice Shirley M. Watts authored the
38-page opinion.
The first client, a Cameroonian citizen who entered the United States to seek
asylum in March 2019, was detained at
an immigration detention center in Louisiana and placed in removal
proceedings. His aunt retained Tabe to
represent him.
Tabe charged a flat fee of $4,000, which he did not place in an attorney trust
account, according to the opinion.
Soon after Tabe was retained, he failed to appear at an initial court
hearing for his client. At the rescheduled
hearing, Tabe provided his client a blank asylum application form but did not properly expiain the process or review
the application before it was fiied, according to findings made by Anne Arundei
County Circuit Court Judge Stacy W.
McCormack, who heard Tabe‘s attorney disciplinary proceeding.
When Tabe filed the application. it contained numerous errors that he did not correct
promptly,_ even after his client.
pointed out the problems, according to the opinion.
Tobe also received his client’s original Cameroonian National Identification Card from the client’s aunt and then iost
it, according to the opinion. It was the client‘s only form of photo ID.
Tabe met with his client only once before his individuai court hearing and failed to
properly explain the process or
prepare his client, the hearing judge found.
Atthe individual “hearing in Augu‘st 2019, Tabe'told the immigration
judge that he had misplaced his ciien't's photo
ID. The judge pointed to the client's lack of ID as one reason that he was not
aeoible, denied the man's asylum
application and ordered him removed from the U.S., according to the opinion.
(On appeal, the Board of Immigration Appeals found the met""“ "" ‘ “‘_“““
client did not meet the standard for an asylum claim. accord
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... -: V; ..
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4/17123, 8:27 AM MD attorney suspended for mishandling immigrant clients’ asylum claims
2019.
As a result, the ciient’s asylum applicafion was deemed abandoned and the man was ordered
removed from the
U.S., according to the opinion. The immigration court aiso denied a request from Tape to reopen the
case, in part
because Tabe failed to include a required affidavit.
Tabe was admitted to the Maryiand bar in 2009 and also maintained a law office in
Dallas, Texas, while he was
practicing immigration law. He was previously reprimanded for similar conduct that occurred between
August 2016
and April 2017, according to the opinion.
Tabe’s actionsin the two immigration cases violated the
Maryland Attorneys' Rules of Professionai Conduct and the
Federal Immigration Rules of Professional Conduct for
Practitioners, the court found.
Maryland Bar Counsel recommended an indefinite suspension against Tape, while Tobe
suggested another
reprimand or probation. The court decided on a 90-day suspension with an attorney monitor for one
year when he
begins practicing law again.
The court also distinguished Tabe from other lawyers who have committed similar ofi‘enses
but received stiffer
penalties. Tabe did do some work for his clients, but undercut that work with mistalaes, Watts wrote. Tobe aiso
cooperated with the attorney discipline process.
“We see ardistinction between a lawyer‘who'does essentiallyno Work on behalf of a client and either
ignores the
client’s requests for updates on a matter or misrepresents that he has done the work
..., and one who performs
work requested by the client but undermines it with serious
errors,” Watts wrote.
Bar Counsel Lydia E. Lawless declined to comment. Tabe also declined to comment.
’51!
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Preview
FILED 5/10/2023 9:03 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CASE NO .: 'D'C-‘2'340'04 14 * GILBERT ROSENTHAL, pro se * Plaintiff IN THE DISTRICT COURT OF TEXAS * V. 193m DISTRICT COURT TABE PETROLEUM CORPORATION" *" DALLAS COUNTY, TEXAS * and * KEVIN TABE, Individually * Defendants MOTION TO DEFER DISMISSAL AND MAINTAIN THE ABOVE CAPTIONED CASE ON THE COURT DOCKET Giibert Rosenthal, pro se, Plaintiff, files this Motion to Defer Dismissal and Maintain the Above Captioned Case on the Court Docket, and states: 1. There is before this Court a hearing scheduled on the initial Dismissal Docket, as per Tex. R. Civ. P. 1653 for Thursday, May 11, 2023, at 1:30 pm. Rule 1658 provides for the Court to dismiss for want of prosecution unless there is good cause to be made tor the case "to be maintained on the docket. Plaintiff suggests 'tha‘t'there is good cause for the case to remain on the docket, and therefore files this Motion. 2. The docket entries indicate that the above captioned case was filed on or about January 13, 2023. However, the Citations for service on Defendants do not appear to have been issued until April 25, 2023. 3'. Plaintiff acknowfedges that at the present time, neither Defendant has been served with these Citations nor the Original Complaint and attending documents. For good cause for granting of this Motion, Ptaintiff suggests the following reasons: A. The Citations were issued less than ten days ago. ‘B. 'The addresses of ‘Defendan'ts'in possession of Plaintiff proved to be incorrect. C. Plaintiff now has the correct address of Defendants, and has been negotiating with Dallas Private Process Service to properly serve both Defendants at the same new address. D. Plaintiff obtained the proper address of Defendant Kevin Tabe, a Maryland attorney, by virtue of obtaining Defendant Kevin Tabe’s address through records of the Maryland Supreme Court, including the fact that Defendant Kevin Tabe’s license to practice law 'in the State of Maryland 'has been suspended for disciplinary reasons. See attached Exhibit ‘l. Assuming that the above captioned case is not dismissed because of good cause shown, Plaintiff will make sure that both Defendants are properly served within the next 45 days by Dallas Private Process Service, or some other Private Process Server licensed in Dallas County, Texas. 4. Limitations on the claim of Plaintiff are still within the Statute of Limitations for such claims. If the above captioned case is dismissed for want of prosecution, a new Complaint would be filed, which wouid entail loss of time, effort and judicial economy in haVing "the 'Cler‘k and Court also 'haVing to begin anew. WH'E'REFO‘RE, having shown good cause for maintaining the above captioned case on the Court Docket, Plaintiff, Gilbert Rosenthal, pro se, requests this Court to pass an Order maintaining the above captioned case on the Court Docket and deferring dismissal for at ieast 45 days after the signing of the proposed Order by this Court. Respectfully submitted, By: ls/ Gilbert Rosenthal 10542 Jackson Square Drive ‘ Estero, FL 33928 410-440-4800 1-239-949-0929 (fax) LR1229@aol.com Plaintiff, Pro Se EXHIBIT 1" Attorney Grievance Commission of Mgland v. Kevin Mbeh Tabe, AG No. 6, September Term, 2022 ATTORNEY DISCIPLINE SAN CTIONS — 90-DAY SUSPENSION — Supreme -- Court of Maryland* suspended from practice of law for 90 days, with conditions, lawyer who, among other things, failed to competently represent two clients in matters in connection with federal immigration proceedings. In both matters, lawyer failed to deposit fees into trust account. In one matter, lawyer did not appear at preliminary hearing, did not effectively explain asylum process to client, submitted asylum application with several important errors, and lost client’s only form- of photographic identification. In second matter5 lawyer failed to appear; and caused his client to not appears at merits hearing; and neglected to include required affidavit with motion to reopen. Such conduct violated Maryland Attorneys’ Rules of Professional Conduct (“MARPC”) 1.1 (Competence), 1.15(a) (Safekeeping that is Property), 8.4(cl) (Conduct Prejudicial to Administration of Justice), and 8.4(a) (Violating MARPC); Maryland Rule 19-404 (Trust Account — Required Deposits); and Federal Immigration Rules of Pro fess’ional Conduct for Practitioners, 8 OF R § 1003.102(a)(1), (1), (n), (o), (q), and (I). *At the time ofthe filing ofthe Petition fer Disciplinary or Remedial Action in this case, the Supreme Court of Maryland was named the Court of of At the Appeals Maryland. November 8, 2022 general election, the voters of Maryland ratified a constitutional amendment changing the name of the Court of Appeals of Maryland to the Supreme Court of Maryland. The name change took effect on December 14, 2022. 4117123; 8:2TAM MDattOrney suspended fer mishandling immigrant clients" asylum claims MARYLAND THE DAILY RECORD YOUR TRUSTEE SOURCE OF BUSINESS, LEGAL AND GOVERNMENT NEWS SINCE 18“. "Mid. attorney suspended for mishandling immigrant el'ients’ asylum claims 33y: Madeieine O'Neill @March 2, 2023 An immigration lawyer whose mishandling of two asylum cases led to negative outcomes for both clients has been suspended from practicing law in Maryland for 90 days. The Maryland Supreme Court found that the attomey, Kevin M. Tabs, failed to competently represent his clients. In one case, he lost the client's only form of photographic identification, which contributed to a judge's denial of the cfient’s asylum application. But the Supreme Court concluded that a 90-day suspension was appropriate instead of a more severe sanction because Tabe’s errors did not involve intentional dishonesty. Justice Shirley M. Watts authored the 38-page opinion. The first client, a Cameroonian citizen who entered the United States to seek asylum in March 2019, was detained at an immigration detention center in Louisiana and placed in removal proceedings. His aunt retained Tabe to represent him. Tabe charged a flat fee of $4,000, which he did not place in an attorney trust account, according to the opinion. Soon after Tabe was retained, he failed to appear at an initial court hearing for his client. At the rescheduled hearing, Tabe provided his client a blank asylum application form but did not properly expiain the process or review the application before it was fiied, according to findings made by Anne Arundei County Circuit Court Judge Stacy W. McCormack, who heard Tabe‘s attorney disciplinary proceeding. When Tabe filed the application. it contained numerous errors that he did not correct promptly,_ even after his client. pointed out the problems, according to the opinion. Tobe also received his client’s original Cameroonian National Identification Card from the client’s aunt and then iost it, according to the opinion. It was the client‘s only form of photo ID. Tabe met with his client only once before his individuai court hearing and failed to properly explain the process or prepare his client, the hearing judge found. Atthe individual “hearing in Augu‘st 2019, Tabe'told the immigration judge that he had misplaced his ciien't's photo ID. The judge pointed to the client's lack of ID as one reason that he was not aeoible, denied the man's asylum application and ordered him removed from the U.S., according to the opinion. (On appeal, the Board of Immigration Appeals found the met""“ "" ‘ “‘_“““ client did not meet the standard for an asylum claim. accord We use cookies or: our website to give you the most relevant expedaroe by remember' the use ofALL the cookies. - @Hflfi . SUBSCRIBE ... -: V; .. ‘_:v,-;,.. Signil’l htlpszlithedailyreoord.comiZOZSiflSlGZ/md-attorney-suspended-for-mishandilng-immigrant-oiienis-asyium—ciaims/ 1/3 4/17123, 8:27 AM MD attorney suspended for mishandling immigrant clients’ asylum claims 2019. As a result, the ciient’s asylum applicafion was deemed abandoned and the man was ordered removed from the U.S., according to the opinion. The immigration court aiso denied a request from Tape to reopen the case, in part because Tabe failed to include a required affidavit. Tabe was admitted to the Maryiand bar in 2009 and also maintained a law office in Dallas, Texas, while he was practicing immigration law. He was previously reprimanded for similar conduct that occurred between August 2016 and April 2017, according to the opinion. Tabe’s actionsin the two immigration cases violated the Maryland Attorneys' Rules of Professionai Conduct and the Federal Immigration Rules of Professional Conduct for Practitioners, the court found. Maryland Bar Counsel recommended an indefinite suspension against Tape, while Tobe suggested another reprimand or probation. The court decided on a 90-day suspension with an attorney monitor for one year when he begins practicing law again. The court also distinguished Tabe from other lawyers who have committed similar ofi‘enses but received stiffer penalties. Tabe did do some work for his clients, but undercut that work with mistalaes, Watts wrote. Tobe aiso cooperated with the attorney discipline process. “We see ardistinction between a lawyer‘who'does essentiallyno Work on behalf of a client and either ignores the client’s requests for updates on a matter or misrepresents that he has done the work ..., and one who performs work requested by the client but undermines it with serious errors,” Watts wrote. Bar Counsel Lydia E. Lawless declined to comment. Tabe also declined to comment. ’51! 1€=‘_3:._-__...:Q Print I Tagged with: ASYLUM ATronNE‘Iemevmcecom-ussmu BARCOUNSE. _ mmenmon MW Mnemosummecoun‘r suseeusrou ' We use cookies on our website to give you the most relevant experience by remembers the of ALL the cookies. mg m‘ gg E-fl'iiiii'i‘ SUBSCRIBE ion 1 hflpsdlfii dai|yrecord.oond2023i'DSIO2Imd-attorney-suspended-for~ handling—immigrants” ts-esylu claims 2/3