GREEN MOUNTAIN FINANCIAL FUND LLC v. LACROIX et al

Filing 301

ORDER denying 294 Motion to Vacate. Lori and defendants Bohannon and George shall have through November 4, 2011, in which to further discuss their position on the motion to disqualify. Each of the third party defendants shall have through November 14, 2011, in which to summarize briefly the claims against them in the third party complaint and their defenses to those claims. *** SEE ENTRY *** cm. Signed by Judge Sarah Evans Barker on 10/25/2011. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GREEN MOUNTAIN FINANCIAL
FUND, LLC,
Plaintiff,
vs.
LORI RAPPAPORT LACROIX, et
al.,
Defendants/Third Party
Plaintiffs,
vs.
MARGUERITE DOWNS
RAPPAPORT, et al.,
Third Party Defendants.

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1:09-cv-1216-SEB-TAB

ENTRY
1. The renewed motion to vacate the Entry of September 27, 2011 filed by Lori
Rappaport LaCroix and Lori Rappaport LaCroix, Trustee of the Trust, [294], is denied.
See Patel v. Gonzales 442 F.3d 1011, 1015-16 (7th Cir. 2006) (“A motion to reconsider
asks that a decision be reexamined in light of additional legal arguments, a change of
law, or an argument that was overlooked earlier . . . .”).
2. Lori Rappaport LaCroix has filed a motion to disqualify Dennis Stilger, counsel
for defendants Barry Bohannon and John George, alleging that he will be a material
witness in this case. Rule 3.7 of the Indiana Rules of Professional Conduct provides the
following:
(a) A lawyer shall not act as advocate at a trial in which the lawyer is
likely to be a necessary witness unless:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services
rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship
on the client.
(b) A lawyer may act as advocate in a trial in which another lawyer in the

lawyer's firm is likely to be called as a witness unless precluded from
doing so by Rule 1.7 or Rule 1.9.
Lori and defendants Bohannon and George shall have through November 4, 2011, in
which to further discuss their position on the motion to disqualify. They should include a
discussion of the application of Rule 3.7.
3. Each of the third party defendants shall have through November 14, 2011, in
which to summarize briefly the claims against them in the third party complaint and their
defenses to those claims.
IT IS SO ORDERED.

10/25/2011
Date: __________________
_______________________________

Distribution:
All electronically registered counsel
Lori Rappaport Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Sylvia Rappaport
1730 South Federal Highway #21
Delray Beach, FL 33483
Courtney Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Hunter Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Marguerite Downs Rappaport
55 Saint Marks Lane
Islip, New York 11751

SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana