Wise v. SLM Corporation et al

Filing 31

ORDER denying 26 Motion to Disqualify Counsel. Signed by Judge Staci M. Yandle on 8/19/15. (cmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DIANA EILEEN WISE, individually and on behalf
of all others similarly situated,

Plaintiffs,
Case No. 14-cv-1426-SMY-DGW
vs.
SLM CORPORATION, NAVIENT
CORPORATION, NAVIENT SOLUTIONS, INC,
f/k/a Sallie Mae, Inc.,

Defendant.

MEMORANDUM AND ORDER
This matter comes before the Court on Defendants Navient Corporation and Navient
Solutions, Inc.’s Motion to Disqualify Counsel (Doc. 26). Specifically, Defendants argue that
Plaintiffs’ attorney should be disqualified as he is a family member of a member of the
prospective class. Rule 23 provides that “representative parties” may only bring suit on behalf
of a class if they “will fairly and adequately protect the interests of the class.” See Fed. R. Civ. P.
23(a)(4). However, a motion to disqualify class counsel is premature absent the existence of the
class. See Rosen v. Mystery Method, Inc., 2008 WL 410642, at *1 (N.D. Ill. Feb. 13, 2008);
Huricks v. Shopkick, Inc., 2014 WL 4954662, at *2 (N.D. Cal. Oct. 1, 2014); Mail v. Aetna Inc.,
1999 WL 800315, at *3 (E.D. Pa. Sept. 29, 1999) aff'd, 221 F.3d 472 (3d Cir. 2000); Williams v.
Cent. Transp. Int'l, Inc., 2014 WL 5823112, at *4 (E.D. Mo. Nov. 7, 2014). At this time,
Plaintiff Wise has not applied for class certification. As such, Defendants’ Motion is premature.
Accordingly, Defendants’ Motion to Disqualify Counsel is DENIED without prejudice.
IT IS SO ORDERED.
DATE: August 19, 2015

/s/ Staci M. Yandle
STACI M. YANDLE, DISTRICT JUDGE