The opinion of the court was delivered by: Sandra S. Beckwith, Chief Judge United States District Court
It appearing to the Court that on July 26, 2006, the Supreme Court of Ohio has entered an Order suspending (for two years with one year stayed on conditions), RICHARD A. OLIVITO from the practice of law in Ohio pursuant to Rule V, Section 6(B)(3) of the Supreme Court Rules for the Government of the Bar of Ohio,
NOW, THEREFORE, in accordance with Rule 11 of the Model Federal Rules of Disciplinary Enforcement adopted by this Court on February 1, 1979:
IT IS ORDERED that RICHARD A. OLIVITO shall appear and show cause at a formal hearing to be held on the 13th day of November, 2006 at 1:30 p.m., in Courtroom 822, of any claim under the grounds set forth in Section D of said Rule 11, why this Court should not impose the identical discipline on him heretofore imposed by the Supreme Court of Ohio. The Court acknowledges the receipt heretofore of considerable documentation from Respondent Olivito and his unsworn statements at the informal conference held in this matter on September 25, 2006. In light of the many questions raised by those documents and Respondent's comments, the Court concludes that a formal adversary hearing should be held in this matter. To that end, Respondent is DIRECTED to supply the Office of the Ohio Disciplinary Counsel with copies of all materials previously submitted to this Court in connection with this matter at least two weeks prior to the formal hearing.
Said RICHARD A. OLIVITO is admonished that his failure to appear at the time and place designated, shall be deemed a waiver of his rights in the premises and constitute grounds for this Court to enter the Order prescribed herein.
IT FURTHER APPEARING to the Court that RICHARD A. OLIVITO has been forbidden by the Supreme Court of Ohio to appear on behalf of another before any court, judge, commission, board, administrative agency or other public authority, the said RICHARD A. OLIVITO, until final resolution of this matter in this Court, shall not represent or continue to represent any person in this Court.
IT IS FURTHER ORDERED that both Respondent Olivito and a representative of the Ohio Disciplinary Counsel shall appear at the time and place designated for the formal hearing in this matter.
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