Ordered to Get Local Counsel

It would seem that Dave Feuerborn, Tom Jennings and Larry Shultz have been playing fast and loose with the Northern District of Texas’ local civil rules.  Their attorney, Neil Evans, did not get local counsel as required per these rules, and the Judge denied a request by Mr. Evans to proceed without local counsel.  Specifically the Judge stated, “[p]ursuant to Local Rule 83.10(a), local counsel is required in all cases where an attorney appearing in a case does not reside or maintain an office in the Northern District of Texas. See L.R. 83.10(a). An attorney who desires to proceed without local counsel must obtain leave from the Court. Id. In this case, Neil C. Evans, attorney for Defendants, does not reside or maintain an office in the Northern District of Texas. The Court sees no compelling reason to Defendants of this Court’s local counsel requirement, especially for an attorney whose principal place of business is in California. Moreover, Mr. Evans’ request for a multi-week extension of a necessarily time sensitive preliminary injunction hearing weighs heavily in favor of requiring local counsel. 

Accordingly, Mr. Evans’ Motion to Proceed without Local Counsel is hereby DENIED. It is therefore ORDERED that Mr. Evans file written designation of local counsel on the docket within 14 days of this Order, on or before May 18, 2011, pursuant to Local Rule 83.10(a). Local counsel ‘means a member of the bar of this court who resides or maintains an office within 50 miles of the division in which the case is pending.’ See L.R. 83.10(a)” (Case 3:10-cv-01349-O; Page ID 804 and 805).

Now David, Tom and Larry will use ESS investor’s money to pay for another attorney in order to protect and defend the same fraudulent activity that they perpetrated on all of the people that invested in ESS.  This doesn’t seem right.  I am told that David is liquidating multiple assets in order to pay attorneys.  David and Tom were recently found guilty of funneling almost 4 million dollars of investor money to buy the luxury items they are now liquidating.    

David Feuerborn claims that he is an honest, God fearing man.  If this were true then he would liquidate the items that the U.S. Attorney’s office proved he purchased with our money (exotic cars, jewelry, ATVs, condos, motorcycles, etc.), and use the money to refund ESS investors that no longer want to be a part of his “business.”  Instead he is using the money to cover up, and continue his fraud even though he is facing a long prison term for tax evasion and defrauding the U.S. Government.  Heck, if David started repaying investors with money derived from the sale of his assets he might be able to get some leniency from Judge Otero.  Instead he is using the money to pay multiple attorneys to protect his fraudulent dealings. 

Do what is right and refund ESS investors!  We will all answer to a higher power one day Mr. Feuerborn, Mr. Jennings and Mr. Shultz.  I wonder what he will think of your self-centered greed and gluttony when that day comes. 

-ESS Investor