Baker et al v. Baptist Memorial Hospital-DeSoto, Inc. et al

Filing 78

ORDER denying 76 Motion to Be Excused as Resident Attorney from Certain Proceedings. Signed by Magistrate Judge Roy Percy on 6/12/17. (bnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
ALICIA P. LAWRENCE, Individually and as
Legal Guardian and Next Friend of S.B., a Minor
v.

PLAINTIFF

CIVIL ACTION NO.: 3:16CV251-MPM-RP

BAPTIST MEMORIAL
HOSPITAL–DESOTO, et al.

DEFENDANTS

ORDER DENYING MOTION TO BE EXCUSED AS
RESIDENT ATTORNEY FROM CERTAIN PROCEEDINGS
Defendants Dabney Hamner, M.D. and Primary Care Group, LLC’s local counsel, Kevin
Baskette, has requested the court waive the Uniform Local Civil Rule 83.1(d)(3) requirement that
a resident attorney attend all proceedings, including depositions, as local counsel for two lawyers
in his firm that have been admitted as pro hac vice counsel. Docket 76. Mr. Baskette notes that
the two lawyers in his firm that have been admitted as pro hac vice counsel are capable of
appearing and participating in depositions on behalf of their clients without the assistance of Mr.
Baskette. Id. at 2.
Local Uniform Civil Rule 83.1(d)(3) requires that “at least one resident attorney . . . must
personally appear and participate in all trials, in all pretrial conferences, case management
conferences and settlement conferences, hearings and other proceedings conducted in open court,
and all depositions or other proceedings in which testimony is given.” The court recognizes the
need to avoid increased litigation costs and the unnecessary expenditure of resources.
Nevertheless, aside from issues of attorney discipline, the purpose of the rule requiring attendance
of local counsel is to assure that the case is litigated in compliance with all local rules and that the

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attorneys have a working knowledge of the expectations of this court. Further, Local Uniform
Civil Rule 83.1(d)(3) specifically provides that “[t]he resident attorney remains responsible to the
client and responsible for the conduct of the proceeding before the court.” Mr. Baskette has
demonstrated no extraordinary circumstance peculiar to this case that might warrant an exemption
from the rule’s requirements. Further, allowing only pro hac counsel to attend the depositions in
this case would signal that a law firm need only one Mississippi licensed attorney in its firm so as
to permit the rest of the firm’s attorneys to appear as de facto resident attorneys via pro hac vice
motion. This goes against the purpose of the rule. If the defendants seek to avoid duplication of
efforts, they may send local counsel to the depositions alone. Accordingly, it is
ORDERED
that the Motion of Kevin Baskette to be Excused as Resident Attorney from Certain Proceedings
is DENIED. A resident attorney must appear for each party at every event required by the local
rules.
SO ORDERED, this, the 12th day of June, 2017.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE

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