American Health Foundation v. Iowa Department of Human Services et al

Filing 52

ORDER: Counsel is again warned that ex parte communications with the court are prohibited by the rules of legal ethics. Counsel is again directed to cease all ex parte contacts with the court. Signed by Judge Linda R Reade on 9/15/2017. (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

AMERICAN HEALTH FOUNDATION,
Plaintiff,

No. 16-CV-168-LRR

vs.

ORDER

IOWA DEPARTMENT OF HUMAN
SERVICES and CHARLES M.
PALMER, Director,
Defendants.
IOWA DEPARTMENT OF HUMAN
SERVICES and CHARLES M.
PALMER, Director,
Counter Claimants,
vs.
AMERICAN HEALTH FOUNDATION,
Counter Defendant.
____________________
This matter comes before the court on its own motion. On September 12, 2017, the
court received an ex parte communication from Katie Van Lake, counsel for Plaintiff
American Health Foundation. As a result, the court entered an Order (docket no. 49)
directing counsel to cease all ex parte contacts with the court. On September 14, 2017,
the court received a missed call from Ms. Lake’s phone number. The court then received
another call from Ms. Lake, during which she was warned about contacting the court ex
parte and directed to the Clerk’s Office.
Counsel is again warned that ex parte communications with the court are prohibited
by the rules of legal ethics. See Iowa R. Prof’l Conduct 3.5. Any additional ex parte
contacts will result in the court issuing an order directing counsel to show cause as to why

she should not be sanctioned. See Adams v. USAA Cas. Ins. Co., 863 F.3d 1069, 1077
(8th Cir. 2017) (noting that the court’s “inherent powers include the ability to supervise
and discipline attorneys who appear before it and discretion to fashion an appropriate
sanction for conduct which abuses the judicial process”) (internal quotation marks omitted)
(quoting Wescott Agri-Prods. Inc. v. Sterling State Bank, Inc., 682 F.3d 1091, 1095 (8th
Cir. 2012)). Accordingly, counsel is again DIRECTED to cease all ex parte contacts with
the court.
IT IS SO ORDERED.
DATED this 15th day of September, 2017.

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