Attorney Grievance Commission v. Powers

⁸⁶ Greene, J. This attorney discipline ease involves an attorney who failed to abide by his client’s instructions concerning the handling of the client’s case, failed to communicate with the client to permit him to make informed decisions about his case, and publicly disclosed confidential client information in the course of suing the former client and a third person in federal court, in a state where neither the former client nor the third party either resided or had any contacts, in an effort to collect attorney’s fees. On April 20, 2016, Petitioner, the Attorney Grievance Commission of Maryland (“Commission”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Respondent, James Aloysius Powers, pursuant to Maryland Rule IG-TSRa). 1 The Commission charged Respondent with violating the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC” or “Rule”) 1.2 (Scope of Representation); 1.4 (Communication); 1.6 (Confidentiality of Information); 1.9 (Duties to Former Clients); 1.16(d) (Termination of Representation); 3.1 (Meritorious Claims and Contentions); 4.4 (Respect for Rights of Third Persons); 8.4 (Misconduct). This Court transmitted the matter to the Circuit Court for Montgomery County on April 21, 2016 and designated the Honorable Michael D. Mason (the “hearing judge”) to conduct an evidentiary hearing and make findings of fact and conclusions of law. The hearing judge scheduled the case for a hearing on September 26 and 27, 2016, subject to the approval of this Court, On July 26, 2016, this Court granted a motion to extend the time to complete the hearing because it was scheduled to be completed more than 120 days after service on Respondent of the order designating a judge to hear the case. ⁸⁷ See Md. Rule 16-575(a) (noting that the judicial hearing in a disciplinary matter “shall be completed within 120 days after service on the respondent of the order designating a judge.”).

Petitioner served the Respondent with discovery requests in the form of Interrogatories, Request for Production of Documents, and Requests for Admissions of Fact and Genuineness of Documents on July 13, 2016. In addition, Petitioner filed various other pre-trial motions; however, Respondent failed to file any response. On September 26, 2016, Petitioner appeared for a hearing on the merits; however, Respondent failed to appear or respond as of that date to any of Petitioner’s discovery requests. As a result of Respondent’s failure to appear at the hearing on the merits or respond to the request for admissions of fact, the hearing judge deemed admitted Petitioner’s Requests for Admissions of Fact and Genuineness of Documents.

The hearing culminated with the hearing judge’s adoption of Petitioner’s Proposed Findings of Fact and Conclusions of Law. I. The Hearing Judge’s Findings The hearing judge made the following findings of fact by clear and convincing evidence. See Md. Rule 16—757(c) (noting that “Bar Counsel has the burden of proving the averments of the petition by clear and convincing evidence.”). Respondent was admitted to practice law in Maryland on June 23, 1993.

He is also admitted to practice in New York and Virginia. 2 On February 22, 2012, Jeff A. Braun, a resident of Allendale, New Jersey, retained Respondent to represent him in anticipation of litigation involving a dispute between Mr. Braun and his ⁸⁸ business partner. Initially, Mr. Braun payed Respondent $5,000 as a retainer. The events that led up to Mr. Braun’s retention of Respondent began in November 2010 when “Mr. Braun [had] purchased a sports park business know as Golden Goal Tournament located in Fort Ann, New York.” The dispute between Mr. Braun and his business partner began in 2011 and led to a lawsuit filed against Mr. Braun (hereinafter, “the Golden Goal litigation,” or “New York litigation”) on March 5, 2012 in the Supreme Court of the State of New York, Fort Edward, New York (a trial court). “Fort Edward is approximately 180 miles or 3 hours from Mr. Braun’s [New Jersey] residence.” In the Golden Goal litigation, Mr. Braun’s business partner requested a Temporary Restraining Order (“TRO”) against Mr. Braun. At the inception of the lawsuit, Respondent explained to Mr. Braun that “this case can be substantially won over the next 20 days.” Respondent assured Mr. Braun that “he would have the suit removed to federal court or move for a change of venue to the New York City area (where virtually all of the parties reside).” Mr. Braun instructed Respondent not to consent to the TRO.

Inconsistent with Mr. Braun’s directions, Respondent consented to the TRO, failed to seek removal of the case to federal court or move for a change of venue to the New York City area and failed to respond to the plaintiffs request for discovery. Although the court found Mr. Braun in contempt of court for failure to respond to discovery, Respondent neither informed Mr. Braun of the discovery violation nor the fact that Respondent had consented to the TRO on Mr. Braun’s behalf. Nathan Fink was a friend of Mr. Braun and also a tax attorney licensed in the state of New Jersey. Apparently, Mr. Braun had communicated with his friend about the legal and business problems confronting Mr. Braun before Mr. Braun retained Respondent.

As a result of this prior relationship, Mr. Braun authorized Mr. Fink to communicate with Respondent “so that Mr. Braun could better understand what was going on in the Golden Goal litigation” and “because [Respondent] failed to communicate with Mr. Braun in laymen’s terms.” ⁸⁹ Seven months after Mr. Braun retained Respondent, “[i]n September 2012, Respondent withdrew from representation of Mr. Braun.” It appears that “Mr. Braun requested that Respondent return his file on September 24, 2012[;] however, Respondent did not do so until November 15, 2012” even though the Golden Goal litigation was ongoing. After Respondent terminated his representation, he sent a final bill to Mr. Braun for $9,470. Mr. Braun disputed the final bill because he had already paid Respondent approximately $48,000 and, in Mr. Braun’s opinion, the invoices were vague. In response to Mr. Braun’s refusal to pay the final bill, Respondent “sent threating emails to Mr. Braun and Mr. Fink. [He] threatened to report Mr. Fink to the New York attorney disciplinary authorities, and threaten[ed] to sue both Mr. Braun and Mr. Fink.” Although Mr. Braun asked to arbitrate the fee dispute, Respondent rejected the offer of arbitration.

In June of 2013, Respondent sued Mr. Braun and Mr. Fink in the United States District Court for the District of Maryland alleging Breach of Contract with respect to Mr. Braun and Tortious Interference and Unfair Competition with respect to Mr. Fink. Respondent claimed damages in the amount of $1,015,000. Specifically, he alleged “that Mr. Braun owed him attorney’s fees (plus interest) of approximately $15,000 and that Mr. Fink had hindered the representation of Mr. Braun and interfered with the' attorney/client relationship between Respondent and Mr. Braun.” Allegations contained in the complaint filed in the federal court touched upon “matters from the New York litigation that were privileged due to the attomey/client relationship and the accountant/client relationship.” In response to a Motion to Dismiss or, in the Alternative, to Strike, Mr. Braun’s attorney argued that the federal court had “no personal jurisdiction over Mr. Braun, no subject matter jurisdiction, and that the Complaint contained privileged information.” In formulating a response to the Motion to Dismiss, “Respondent filed affidavits from Mr. Braun’s former attorney (Mr. Goodman), former ⁹⁰ accountant (Mr. Gallo), and from Respondent, all of which revealed privileged information, strategic information related to the Golden Goal litigation, and information intended to disparage Mr. Braun.” After Mr. Braun’s attorney filed a reply to Respondent’s pleading, Respondent withdrew his complaint. The hearing judge in this disciplinary case had before him, as evidence, the documents that contained the privileged information.

The hearing judge noted that when the District Court judge issued her Memorandum Opinion and Order for dismissal of the federal case, she ordered, among other things, that “the ‘majority’ of the information that Mr. Braun sought to redact was confidential according to the attorney-client privilege and ‘much’ of the information [that] Mr. Braun sought to redact was confidential according to the accountant-client privilege.” The plaintiff in the Golden Goal litigation, having obtained the privileged information that Respondent disclosed in his complaint against Mr. Braun, used that information against Mr. Braun in the New York litigation. Approximately ten months after Respondent had withdrawn as counsel for Mr. Braun in the Golden Goal litigation, Respondent, on July 23, 2013, filed, with the court in Fort Edward, an “Expedited Motion to Show Cause before the New York court hearing the Golden Goal litigation.” In that motion, he requested that Mr. Braun show cause why he should not pay the legal fees owed to Respondent and requested that the court investigate Mr. Fink’s alleged misconduct. In his motion, Respondent specifically contended that “[a] prior motion on this matter was filed, wisely sealed by this court[,] and eventually withdrawn—but not because anything in that motion was false or factually incorrect. Rather, because it was filed in haste including more personal affect than legal effect which this motion endeavors to address.” In addition to the July 23, 2013 Expedited Motion to Show Cause, a previous Expedited Motion was also filed on May 6, 2013, after Respondent had withdrawn from the representation of Mr. Braun. ⁹¹ The Fort Edward court did not rule on either Expedited Motion.

Eventually, venue in the Golden Goal litigation was transferred from the Fort Edward, New York area to the Manhattan, New York City area. Apparently, in a continuing effort to collect attorney’s fees, in January 2014, Respondent wrote to Judge Charles E. Ramos, Judge of the New York State Supreme Court, Commercial Division, and requested that Judge Ramos advise Respondent on how he could best present a Motion to Compel Payment of Fees to the Court, Judge Ramos declined the request.

II

The Hearing Judge’s Conclusions of Law The hearing judge adopted Petitioner’s proposed conclusions of law and found by clear and convincing evidence that Respondent violated MLRPC 1.2; 1.4; 1.6; 1.9; 1.16(d); 3.1; 4.4; 8.4(a) and 8.4(d). Conclusions of Law Rule 1.2 Scope of Representation and allocation of authority between client and lawyer Rule 1.2(a) provides that a lawyer “shall abide by a client’s decisions concerning the objectives of the representation and, when appropriate, shall consult with the client as to the means by which they are to be pursued.” Further, “[a] lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter.” An attorney violates Rule 1.2(a) if he or she fails to inform a client of the status of his or her case, thereby denying the client the ability to make informed decisions. Attorney Grievance [Comm’n ] v. Hamilton, 444 Md. 163, 182 , 118 A.3d 958, 968 (2015).

In order for a lawyer to abide by a client’s decisions concerning representation, the client must be able to make informed decisions as to the objectives of the representation. Id. at 182 , 118 A.3d 958, 968-69 . In order for a client to ⁹² make informed decisions, an attorney must give the client honest updates regarding the status of his or her case. Id., citing Attorney Grievance [Comm’n ] v. Shapiro, 441 Md. 367, 380 , 108 A.3d 394 , 402 (2016).

An attorney may violate Rule 1.2(a) if he or she fails to follow the instructions of the client. Attorney Grievance [Comm’n ] v. Sperling, 432 Md. 471, 493 , 69 A.3d 478, 490-91 (2013) (quoting Attorney Grievance [Comm’n ] v. Reinhardt, 391 Md. 209, 220, 222 , 892 A.2d 533, 539-40 (2006) (internal quotations omitted). In this case, Respondent violated Rule 1.2 when he failed to abide by Mr. Braun’s instructions not to consent to the Temporary Restraining Order (hereinafter, “TRO”). He also failed to file a motion to change venue to New York City, and he failed to have the case removed to federal court.

See Petitioner’s Exhibit 1, Tab 1. Further, Respondent failed to inform Mr. Braun that Respondent agreed to produce Mr. Braun’s tax returns to opposing counsel. When such tax returns were not produced, the court held Mr. Braun in contempt of court. Id.

Rule 1.4 Communication Rule 1.4 provides that: (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(f), is required by these Rules; (2) keep the client reasonably informed about the status of the matter; (3) promptly comply with reasonable requests for information; and (4) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Maryland Lawyers’ Rules of Professional Conduct or other law. ⁹³ (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Attorneys violate Rule 1.4 when they fail to communicate with their clients and keep them informed of the status of their legal matters. Attorney Grievance [Comm’n ] v. Kwarteng, 411 Md. 652, 658 , 984 A.2d 865, 868-69 (2009). In Attorney Grievance [Comm’n ] v. De La Paz, Respondent in that matter failed to tell his client that his case had been dismissed, which fact the client learned only after traveling to the courthouse to inquire. 418 Md. 534, 554 , 16 A.3d 181, 192-93 (2011).

Similarly, in Attorney Grievance [Comm’n ] v. Fox, the attorney violated Rule 1.4 when he did not know that the client’s case was dismissed and accordingly did not communicate that fact to the client. 417 Md. 504, 517 , 11 A.3d 762, 769 (2010). In Attorney Grievance [Comm’n ] v. Thomas, the attorney violated Rule 1.4 when he ceased communicating with the client after he told the client not to appear at his removal (deportation) hearing, and then failed to tell the client that he had been ordered removed in absentia. 440 Md. 523, 553-54 , 103 A.3d 629, 647 (2014). In the case at bar, Respondent violated Rule 1.4(a) when he failed to inform Mr. Braun that he had consented to the TRO. See Petitioner’s Exhibit 1 at 18.

He also violated Rule 1.4(a) by failing to tell Mr. Braun that he needed to produce his tax returns, and later, after he failed to do so, that Mr. Braun had been found in contempt of court. Id. at 21. Respondent violated Rule 1.4(b) because he failed to explain what was happening in the Golden Goal litigation in a manner that Mr. Braun could understand. Id. at 25.

As such, Mr. Braun had enlisted the help of his friend, attorney Nathan Fink, to communicate with Respondent. Id. at 24-25. Rule 1,6 Confidentiality of information “A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent [and] the disclosure is impliedly authorized in order to carry out the representation^]” Rule 1.6(a). Only the client has ⁹⁴ the power to waive the attorney-client privilege.

Newman v. State, 384 Md. 285 , 863 A.2d 321 (2004). The importance of the attorney client privilege has been described as follows: By turns both sacred and controversial, the principle of the confidentiality of client information is well-embedded in the traditional notion of the Anglo-American client-lawyer relationship. CHARLES W. WOLFRAM, MODERN LEGAL ETHICS § 6,1,1, at 242 (1986). “The professional rules ... [embrace] a broad ethical duty not to divulge information about a client.” Id. (emphasis added).

An attorney’s duty of confidentiality applies not only to privileged “confidences,” but also to unprivileged secrets; it “exists without regard to the nature or source of the information or the fact that others share the knowledge.” Perillo v. Johnson, 205 F.3d 775 , 800 n. 9 (5th Cir. 2000) (quoting ABA Model Code of Professional Responsibility Canon 4, DR 4-101 and EC 4-4) (internal quotation marks and alterations omitted). “The confidentiality rule applies not merely to matters communicated in confidence by the client[,] but also to all information relating to the representation, whatever its source.” Id. at 800 n. 10 (quoting ABA Model Rules of Professional Responsibility 1.6 & cmt.5) (emphasis added); accord, United States v. Edwards, 39 F.Supp.2d 716, 724 (M.D. La. 1999) (collecting authorities); United States v. Mackey, 405 F.Supp. 854, 860 (E.D.N.Y. 1975) (Weinstein, 1.) (emphasizing breadth of attorney’s obligation). In re Gonzalez, 773 A.2d 1026, 1030-1031 (D.C. 2001). In this case, Respondent violated the sacred and well-embedded concept embodied by Rule 1.6 by disclosing information that Respondent obtained by way of his representation of Mr. Braun in the Golden Goal litigation. He disclosed this information in a public forum, ie., in a lawsuit brought in federal court, in order to recoup money that he believed Mr. Braun owed him.

Mr. Braun did not consent to these disclosures. See Affidavit of Jeff Braun in Support of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2), at Petitioner’s Exhibit 1, Tab 15, page 73-74, § 13. Mr. Braun had to ⁹⁵ hire an attorney in Maryland to assist him not only with the underlying controversy, but with getting the privileged information redacted from the record.

See Petitioner’s Exhibit 1 at Tabs 15 and 16. Judge Hollander held that the “majority” of the information that Mr. Braun sought to redact was confidential according to the attorney-client privilege and “much” of the information Mr. Braun sought to redact was confidential according to the accountant-client privilege. See Petitioner’s Exhibit 1, Tab 19, pages 142-143. Rule 1.9.

Duties to former clients Rule 1.9 provides that: (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or (2) reveal information relating to the representation except as these Rules would permit or require with respect to a client. In Attorney Grievance [Comm’n ] v. Siskind, the Court of Appeals held that an attorney violated Rule 1.9 when he filed a suit sounding in contract against a former client, a corporation, which was an entity he created, over a business transaction he helped construct by creating the relevant documents central to the contract suit. 401 Md. 41, 64 , 930 A.2d 328, 342 (2007). In this ease, Respondent revealed confidential information of his former client, Mr. Braun, to Mr. Braun’s disadvantage, to wit: he filed three affidavits in federal court, via the electronic filing system, that were available to the public to view. See Petitioner’s Exhibits 15, 16, and 22-26.

The disclosure of this privileged information hurt Mr. Braun in the Golden Goal litigation. Id. at Tab 1, pages 11-12, Rule 1.16(d) Termination of Representation ⁹⁶ When the lawyer/client relationship ends, Rule 1.16(d) requires that: ([d]) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law. In Attorney Grievance [Comm’n ] v. Landeo, 446 Md. 294, 336-337 , 132 A.3d 196, 220-221 (2016), an attorney violated Rule 1.16(d) after she was terminated by two different clients.

In both cases, she took several months to transmit her clients’ files to their new attorneys when they had active applications for benefits in process with United States Citizenship and Immigration Services. Id. She did not refund the clients’ fees until the eve of the trial in her attorney grievance matter. Id.

In Mr. Braun’s case, it was Respondent who ended the attorney-client relationship, but he took two months to return Mr. Braun’s file to him in its entirety. See Petitioner’s Exhibit 1 at ¶¶ 27-28. The delay in receiving his complete file was particularly damaging to Mr. Braun because the Golden Goal matter was, and still is, being actively litigated. It also took Respondent two months to send Mr. Powers Respondent’s final bill.

See also Final Invoice from Respondent to Mr. Braun dated November 15, 2012, in the record at Petitioner’s Exhibit 1, Tab 13. Respondent’s delay in transmitting Mr. Braun’s file and final invoice to him is in violation of Rule 1.16(d). Rule 3.1. Meritorious claims and contentions “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous.” See Rule 3.1.

In Attorney Grievance [Comm’n ] v. Mixter, the Court upheld the trial court’s finding that Respondent had violated Rule 3.1 when ⁹⁷ he attempted to enforce over one-hundred and twenty unenforceable subpoenas through meritless motions to compel in order to coerce his opposing parties into compliance with his excessive discovery requests. 441 Md. 416, 511 , 109 A.3d 1, 58 (2015). In another case where an attorney was found to have violated Rule 3.1, the Court held that “[t]he legal process should never be used as the Respondent did here, i.e., merely [as] a device to apply pressure to the other parties ..Attorney Grievance [Comm’n ] v. Gisriel, 409 Md. 331, 356-57 , 974 A.2d 331, 346 (2009). Here, Respondent violated Rule 3.1 when he used the legal process as “a device to apply pressure” to Mr. Braun. After being unsuccessful in recouping his fees by filing motions with the New York courts, Respondent sued Mr. Braun and Mr. Pink in the U.S. District Court for the District of Maryland, a court which had no personal or subject matter jurisdiction over either of them.

See Petitioner’s Exhibit 1, Tabs 15-16. Mr. Braun’s and Mr. Fink’s attorneys filed Motions to Dismiss in which they pointed out the flaws in Respondent’s case. Respondent then filed his own Motion to Withdraw, stating that the New York courts were handling his motion for attorney’s fees, an avenue which was available to him previously. Respondent’s claims against Mr. Braun and Mr. Fink plainly lacked subject matter and personal jurisdiction, and were filed in an effort to pressure Mr. Braun to pay his final bill.

Id. Respondent’s use of the federal court system of Maryland to collect $9,470.00 in overdue legal fees clearly violated Rule 3.1. Rule 4.4. Respect for rights of third persons Rule 4.4 provides that: (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that the lawyer knows violate the legal rights of such a person.

In Attorney Grievance [Comm’n ] v. Mixter, the Court found that the attorney violated Rule 4.4(a) when, during ⁹⁸ litigation in which he represented himself, Mixter had attempted “to harass and intimidate the defendants” by requesting their entire driving histories under “a multitude of disingenuous arguments[.]” As the Circuit Court Judge in Mixter stated, the driving records “had absolutely nothing to do with the pending claim for defamation and that the subpoena was aimed solely at harassing the defendants.” Mixter intentionally pursued the defendants’ driving records without basis, causing his opposition to use time and resources to obtain protective orders as to their driving records, and delaying litigation, thereby violating Rule 4.4(a). 441 Md. at 522, 109 A.3d at 65 . In the instant case, Respondent, in representing himself in his case against Mr. Braun and Mr. Fink, filed his collections case in the U.S. District Court of Maryland, which was a tactic that had “no substantial purpose other than to embarrass, delay, or burden” Mr. Braun and Mr. Fink. Respondent knew, or should have known, that the U.S. District Court of Maryland had neither personal nor subject matter jurisdiction over Mr. Braun and Mr. Fink, both of whom lived in New Jersey, worked in New Jersey and New York, and participated in the Golden Goal litigation in New York. Additionally, the act of suing Mr. Fink, who is Mr. Braun’s friend and long-time tax attorney, was also an act with “no substantial purpose other than to embarrass, delay, or burden” Mr. Fink.

Respondent sued his former client’s friend for $1,000,000 for “willfully” interfering with Respondent’s contractual relationship with Mr. Braun, “clandestinely instructing his client and other professionals to take actions materially affecting the New York litigation,” and causing Respondent to be “damaged in the form of lost income and lost time and in amounts to be proved at trial.” See Complaint, in the record at Petitioner’s Exhibit 1, Tab 23. Respondent also sued Mr. Fink for “taking over aspects of the New York litigation and by competing with Mr. Powers in so doing.” Id. Finally, Respondent states in his complaint that “Mr. Fink has and continues to enjoy a ⁹⁹ lucrative financial relationship with Mr. Braun and his intentional interference ... was a part of his campaign of unfair competition.” Id. The above quoted statements indicate that Respondent valued his potential financial enrichment from Mr. Braun far more so than keeping Mr. Braun’s confidences and respecting Mr. Braun’s choice regarding how, if at all, he chose to involve Mr. Fink in his litigation.

Rule 8.4, Misconduct It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Maryland Lawyers’ Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; ⅜ * * (d) engage in conduct that is prejudicial to the administration of justice; Rule 8.4(a) makes it professional misconduct for a lawyer to violate or attempt to violate the Maryland Lawyers’ Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another. Rule 8.4(a) is violated when other Rules of Professional Conduct are breached. Attorney Grievance [Comm’n ] v. Gerace, 433 Md. 632, 645 , 72 A.3d 567, 575 (2013). As noted above and further described below, Respondent violated several Rules of Professional Conduct and therefore, also violated Rule 8.4(a).

Finally, Rule 8.4(d) states that it is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice. Conduct prejudicial to the administration of justice is that which “reflects negatively on the legal profession and sets a bad example for the public at large[.]” Attorney Grievance [Comm’n ] v. Goff, 399 Md. 1, 22 , 922 A.2d 554, 567 (2007). In this case, Respondent’s conduct is unquestionably prejudicial to the administration of justice and has brought the legal profession into disrepute. Respondent, acting as Mr. Braun’s former lawyer, sued Mr. Braun and Mr. Braun’s friend for $1,015,000.00 collectively, in a federal court