Shah et al v. Rodino et al

Filing 69

OPINION AND ORDER DENYING AS MOOT 59 Motion for Review of Magistrate Judge Decision by a District Judge. Signed by Judge Jon E DeGuilio on 3/24/14. (smp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
AMIT SHAH, et al.,
Plaintiffs,
v.
TERRY RODINO, et al.,
Defendants.

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Case No. 3:13-CV-103 JD-CAN

OPINION AND ORDER
This case stems from a business dispute between majority and minority shareholders of
several closely held corporations. The facts of the case are more fully detailed in the Court’s
order granting Defendants’ motion to dismiss. Now before the Court is another pending motion,
requesting review of Magistrate Judge Nuechterlein’s decision denying Plaintiffs’ motion to
disqualify the law firm May Oberfell Lorber from representing four of the Defendants in this
case. [DE 59.]
The parties’ briefing and the Magistrate Judge’s decision regarding disqualification were
based on the then-operative pleadings. The Court has now granted the Defendants’ motion to
dismiss and the Plaintiff has no currently pending claims. Without any pending claims, any
decision by the Court on the issue of disqualification would be advisory, at best. Additionally, if
Plaintiffs respond to the Court’s order by filing derivative claims on behalf of the Duro Entities,
such claims may impact the analysis of the alleged conflicts of interest, both by counsel and the
Court. See, e.g., Cutshall v. Barker, 733 N.E.2d 973, 980 (Ind. Ct. App. 2000); Wittenborn v.
Pauly, No. 87 C 5814, 1988 WL 33723, at *3–4 (N.D. Ill. Apr. 1, 1988); Messing v. FDI, Inc.,
439 F. Supp. 776, 781 (D.N.J. 1977); Cannon v. United States Acoustics Corp., 398 F. Supp.

209, 220 (N.D. Ill. 1975), aff’d in relevant part, 532 F.2d 1118 (7th Cir. 1976). Accordingly, the
motion for review [DE 59] is DENIED AS MOOT. If Plaintiffs file an amended complaint, the
parties are free to renew their motion for disqualification based on the allegations contained in
the amended pleading.
SO ORDERED.
ENTERED: March 24, 2014
/s/ JON E. DEGUILIO
Judge
United States District Court

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