A special referee has recommended sanctioning a former Holland & Knight partner $2,500 in a dispute over his 2002 termination. John K. Weir sued Holland & Knight in 2007 in Manhattan Supreme Court for age discrimination and fraud. Following months of proceedings over discovery issues, the special referee overseeing the case, Leslie Lowenstein, ordered Weir to file a notice that the case was ready for trial. But Weir, who has been representing himself, failed to meet the March 31 deadline.
In a report filed Tuesday, Lowenstein said the failure “constitutes frivolous conduct” and recommended Weir pay the fine plus attorney fees and costs. “It is noted that the plaintiff although self represented is an attorney who certainly must understand that he has an obligation to comply with and be respectful of existing court orders,” Lowenstein wrote. He also recommended that upon adoption of his report by Justice Marcy Friedman, Weir’s suit be dismissed if he does not act within five days of the court’s order.
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