St. John's Hospital Sisters of the Third Order of St. Francis v. National Guardian Risk Retention Group, Inc. et al
Filing
60
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Motion to Disqualify Keefe & Keefe, P.C. 54 and National Guardian Risk Retention Group, Inc.'s Motion to Join Defendants' Motion to Disqualify 56 are DENIED. See written order. (LB, ilcd)
E-FILED
Thursday, 12 May, 2016 03:05:56 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION
ST. JOHN’S HOSPITAL of the
HOSPITAL SISTERS of the
THIRD ORDER
OF ST. FRANCIS,
PATRICIA FUGATE, and
ROBERT FUGATE,
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Plaintiffs,
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v.
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NATIONAL GUARDIAN RISK
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RETENTION GROUP, INC.,
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EMERGENCY CONSULTANTS, )
INC., CENTRAL ILLINOIS
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EMERGENCY PHYSICIANS,
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P.C., a/k/a CENTRAL ILLINOIS )
EMERGENCY PHYSICANS,
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LLP, JAMES M. JOHNSON,
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M.D., ROBERT M. WILLIAMS,
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M.D., and DERIK K. KING, M.D., )
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Defendants.
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No. 15-3292
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Defendants’ Motions to
Disqualify Plaintiffs’ counsel Keefe & Keefe, P.C. (Keefe & Keefe) (d/e 54 &
56). Defendants argue that Keefe & Keefe have a conflict of interest.
Keefe & Keefe represents Plaintiffs Patricia Fugate and Robert Fugate in a
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companion case in Macoupin County, Illinois, Circuit Court, docket number
2001-L-27 (State Court Action). Drs. Aamir Banday, Elizabeth McDaniel,
and John Byrne are defendants in the State Court Action. Drs. Banday,
McDaniel, and Byrne have assigned to the Plaintiffs in this case any claims
they may have against the Defendants in this case. See Second Amended
Complaint (d/e 50) (Complaint), ¶ 3 and Group Exhibit C. The Plaintiffs in
this case are now asserting Drs. Banday, McDaniel, and Byrne’s claims
against the Defendants for breach of contract and breach of fiduciary duty.
Complaint, Counts IV and V. The Defendants move to disqualify Keefe &
Keefe from this case on the grounds that Keefe & Keefe has a conflict of
interest by asserting the assigned claims from Drs. Banday, McDaniel, and
Byrne while representing the Plaintiffs in the State Court Action against
Drs. Banday, McDaniel, and Byrne.
No conflict of interest exists. The Illinois Rules of Professional
Conduct state that a conflict exists if: (1) the representation of one client will
be directly adverse to another client; or (2) a significant risk exists that
representation of one or more clients will be materially limited by the
lawyer’s responsibility to another client, a former client or a third person or
by a personal interest of the lawyer. Illinois Supreme Court Rule of
Professional Conduct 1.7; Local Rule 83.6(D). Plaintiffs correctly note that
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Drs. Banday, McDaniel, and Byrne are not clients of Keefe & Keefe in
either this action or the State Court Action. The Plaintiffs St. John’s
Hospital of the Hospital Sisters of the Third Order of St. Francis and
Patricia and Robert Fugate are Keefe & Keefe’s clients in this action. The
Plaintiffs are pursuing the claims assigned by Drs. Banday, McDaniel, and
Byrne. Drs. Banday, McDaniel, and Byrne no longer have an interest in
those claims and are not parties in this action. Keefe & Keefe’s clients in
this action have no conflict with Keefe & Keefe’s clients in the State Court
Action, Plaintiffs Patricia and Robert Fugate. The request to disqualify
counsel is denied.
THEREFORE, the Motion to Disqualify Keefe & Keefe, P.C. (d/e 54)
and National Guardian Risk Retention Group, Inc.’s Motion to Join
Defendants’ Motion to Disqualify (d/e 56) are DENIED.
ENTER: May 12, 2016
s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE
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