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THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GENOCIDE VICTIMS of KRAJINA ) Plaintiffs, ) No. 10 Cv 5179

v. ) ) Hon. John Z. Lee

3-L COMMUNICATIONS CORP., et al. ) United States District Judge)

Defendants. )

MOTION FOR LEAVE TO INTERVENE

Anthony D’Amato (“D’Amato”), by his attorney, moves this Court for an order, pursuant to

Fed. R. Civ. P. 24(a), granting him leave to intervene in this action for the limited purpose of

presenting valid claims and arguments on behalf of the plaintiff class, which claims and arguments

have been abandoned or forsaken by the Pavich Law Group, P.C., Quantum Legal, LLC, and the

Ostojic & Scudder law firm (collectively, “Pavich”). In support, D’Amato states:

1. D’Amato is the Judd & Mary Morris Leighton Professor of Law at Northwestern

University School of Law, a member of the New York bar, and a world-renowned expert in

international and constitutional law. He was the architect of this action. He serves as the law of

foreign relations expert of this class action. He joined Robert and John Pavich to commence this

action. Pavich served as local counsel. D’Amato was listed on the plaintiffs’ retention agreement as

the international law expert. He drafted and signed the Complaint and First Amended Complaint.

2. D’Amato seeks to communicate to the plaintiff class his best judgment and expertise, but

is impeded by Pavich who neither answers his phone calls nor responds to his emails. D’Amato does

not seek this Court’s intervention in resolving those professional differences, but pursuant to Local

Rule [of Professional Responsibility] 83.51.3 and New York Disciplinary Rules 6-101 and 6-102

he is to use his best judgment to serve and protect the rights of the class members. D’Amato has not

sought to be relieved of his duties of representation, nor has this Court so discharged him.

3. Fed. R. Civ. P. 24(a) provides in relevant part that “anyone shall be permitted to intervene

... when the applicant claims an interest relating to the property or transaction which is the subject

of the action and the applicant is so situated that the disposition of the action may as a practical

Case: 1:10-cv-05197 Document #: 128 Filed: 03/04/15 of 3 PageID #:1153

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matter impair or impede the applicant’s ability to protect that interest...” When D’Amato was still

working with the plaintiffs’ committee, Pavich altered, changed and deleted portions of D’Amato’s

drafts without showing those changes to D’Amato, or allowing D’Amato to defend his original work.

Pavich also substituted new arguments in D’Amato’s drafts. D’Amato protested these changes as

inimical to the class members’ interests. Any constriction of the claims or arguments advanced on

behalf of the plaintiff class therefore impedes D’Amato’s ability to protect that interest. Any

remuneration that D’Amato might receive from representing the plaintiff class is dependent on the

outcome and hence he has an interest in the “property... which is the subject of the action.” Pavich

has not committed to protecting D’Amato’s interest by any suitable security.

4. After years of silence from Pavich, D’Amato received electronic notice of the Fourth

Amended Complaint less than three weeks ago. This motion is timely inasmuch as D’Amato only

learned that Pavich intended to abandon or forswear certain claims when he received electronic

notice of its filing. He has timely filed this Motion for Leave to Intervene in just three weeks.

(D’Amato remains on the electronic distribution list, further evidence that he has not been discharged

from his obligations.)

5. The Fourth Amended Complaint adopts in haec verba a number of factual allegations from

the pleadings that D’Amato authored. He intervenes in part to discharge his professional obligation

to inform the Court that not all of this Complaint was authored by the attorneys who signed it. Since

D’Amato has performed the “reasonable inquiry” that “the allegations and other factual contentions

have evidentiary support” required by Fed. R. Civ. P. 11, it is incumbent on this Court to permit

D’Amato to intervene, so as to insure that the plaintiff class receive the best available legal advice,

as provided in Fed. R. Civ. P. 23(d)(1)(B)(iii), which authorizes orders “to protect class members

and fairly conduct the action... [that they be given] opportunity ... to intervene and present claims and

defenses, or to otherwise come into the action.”

6. Attached to this motion are D’Amato’s proposed enlargement of the Fourth Amended

Complaint to include 1) a new Count that genocide violates federal common law, 2) a new Count

that unlawful homicide violates Illinois’ Wrongful Death Act, and 3) a series of allegations of the

factual basis for Military Professional Resources, Inc.’s perpetration of genocide and unlawful


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homicide, along with his Personal Statement of his qualifications and reasons for seeking leave to

intervene.

WHEREFORE, intervenor Anthony D’Amato respectfully requests that this Court grant his

motion to intervene, and that he have such other relief as is just.

ANTHONY D’AMATO, intervenor

By__________________________His attorney

David G. Duggan3108 N. Southport Ave.CoachhouseChicago, IL 60657773-281-2873e-mail: [email protected]


mailto:[email protected]

krajina serb lawyers at odds with each other

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