Ramthun et al v. Bryan Career College - Incorporated et al

Filing 49

ORDER OF RECUSAL. Honorable Timothy L. Brooks recused. Case reassigned to Honorable P. K. Holmes, III for all further proceedings. Signed by Honorable Timothy L. Brooks on March 27, 2014. (Attachments: # 1 Exhibit A)(slc)

HUSCH BLACKWELL
Jason C. Smith
Partner
901 St. Louis Street, Suite 1800
Springfield, MO 65806
Direct: 417.268.4131
Fax: [phone]
[e-mail]

March 27, 2014

Via Email: TLB infogarwd.uscourts.gov
and U.S. Mail
The Honorable Timothy L. Brooks
John Paul Hammerschmidt Federal Building
35 East Mountain, Suite 510
Fayetteville, AR 72701
Re: Tracy Ramthun et al. v. Bryan Career College-Incorporated d/b/a Bryan
College et al.; Case No. 5:13-cv-05039
Dear Judge Brooks:
This case was assigned to you on March 13, 2014. I represent the defendant, along with
Virginia Fry, Derek Ankrom, and Steve Gombos. Alan Lane, Matt Lindsay, and Monte Sharits,
with the Odom Law Firm, are counsel of record for the plaintiffs. The case involves claims
made by three former Bryan University students requesting, among other things, reimbursement
of all tuition they paid to Bryan University. Plaintiffs seek certification of a class of all former
Bryan University students for the period commencing five years prior to the date of filing their
Complaint. Plaintiffs also seek a declaratory judgment relating to enforceability of the
arbitration agreement they each signed. While we dispute the plaintiffs' claims, this case
subjects my client to substantial legal expenses as well as significant - and potentially ruinous financial exposure.
We understand that prior to your appointment to the bench, you practiced law with the
firm of Taylor Law Partners, LLP in Fayetteville. Plaintiffs' counsel has advised us that they
consulted with Stevan Vowell and William Putman of Taylor Law Partners about this case on
four occasions while you practiced law there. During those consultations, Taylor Law Partners
apparently provided substantive feedback concerning the plaintiffs' Complaint, the causes of
actions alleged therein, and the enforceability of the arbitration agreement at issue. Taylor Law
Partners advised plaintiffs' counsel that they would like to participate in this litigation on behalf
of the plaintiffs. Plaintiffs' counsel and Taylor Law Partners discussed that Taylor Law Partners
would assist with motion practice, while plaintiffs' counsel would be responsible for all ,
discovery. Plaintiffs' counsel has indicated that Taylor Law Partners analyzed the Complaint

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HUSCH BLACKWELL
The Honorable Timothy L. Brooks
March 27, 2014
Page 2

and plaintiffs' Initial Disclosures, and also that Mr. Vowell met with plaintiff Tracy Ramthun
prior to her deposition.
I do not write to suggest that you would act inappropriately or without impartiality.
However, there is much at stake for both sides in this case, and even the appearance of
impartiality should be avoided if possible. As a result of Taylor Law Partners' involvement in
this case, we request on behalf of our client that you recuse on the Court's own motion, pursuant
to 28 U.S.C. § 455(a) and (b)(2).

JCS/kjg
c:

Client
M. Sharits
A. Lane
M. Lindsay

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Husch Blackwell LLP