States Accuse Robocall Defendant of Slow-Walking His Special Counsel Request

The seven plaintiff states in the Houston robocall case accused defendant Michael Smith and his attorneys of slow-walking his application through the U.S. Bankruptcy Court for Southern Florida for authorization to retain special counsel to defend him in the litigation, they told U.S. District Judge George Hanks for Southern Texas in a filing Friday (docket 4:20-cv-02021). They were responding to a Feb. 16 status report from Smith’s lawyers in which the lawyers said they were helpless to defend him as the Houston litigation against him proceeds toward trial until the bankruptcy court gives them its special counsel OK (see 2302230013). But not only did Smith and his attorneys wait more than two weeks after Hanks’ Jan. 31 status conference to file the application with the bankruptcy court, but they failed to ask for expedited review, said the states. Unbeknown to Hanks, who was told by Smith’s lawyers that the application for special counsel takes about three weeks to process, the bankruptcy court scheduled a hearing on the application, but not until March 16, they said. The states also complained they were given no advance notice by Smith’s lawyers of his Jan. 18 bankruptcy filing, they said. The states “oppose any unnecessary delays in this case,” including allowing 14 days after the bankruptcy court’s approval of the special counsel for Smith’s lawyers to file a motion in this case addressing the issue of a stay, they said.