Wade v. Account Resolution Corporation et al

Filing 48

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Disqualify [ 32 ] is DENIED. IT IS FURTHER ORDERED that: All communication between the parties shall be in writing; any communication from Mr. Eason to Defendant Barton shal l be directed to Defendant's counsel; Depositions shall be conducted in a designated space in the United States District Court, 111 South 10th Street, 5th Floor, St. Louis, Missouri, by making arrangements with the Office of the Clerk of Court or by telephone at the discretion of Defendant's counsel. The Court will permit Defendant Barton to participate by telephone in any third party depositions; and In the event the parties engage in me(jiation, said mediation shall be conducted in a designated space in this Court (see above) and in separate rooms. IT IS FURTHER ORDERED that the stay of consideration of Plaintiffs summary judgment motion is LIFTED. Defendants shall respond to Plaintiffs motion within thirty (30) days of the date of this Order; Plaintiff shall have ten (10) days thereafter to file any reply. Signed by District Judge John A. Ross on 1/4/17. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

THOMAS WADE,
Plaintiff,

v.
DENNIS BARTON III and
THE BARTON LAW GROUP, LLC,
Defendants.

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No. 4:15-CV-01354-JAR

MEMORANDUM AND ORDER

This matter is before the Court on Defendant Dennis J. Barton III' s Motion to Disqualify
James W. Eason as counsel for Plaintiff (Doc. No. 32). The motion is fully briefed and a hearing
was held on December 28, 2016. Plaintiff appeared in person and with counsel James Eason;
Defendant appeared by counsel Terrance Good.
The behavior that Mr. Eason has exhibited in this and other similar cases involving
Defendant Barton is unacceptable and concerning; however, the disqualification of a· party's
counsel of choice is an extreme measure and should be imposed only where "absolutely
necessary." Macheca Transp. Co. v. Philadelphia Indem. Ins. Co., 463 F.3d 827, 833 (8th Cir.
2006). After careful consideration of the relevant circumstances in this case, the Court finds that
disqualification of Mr. Eason would be inappropriate. The Court will instead impose certain
protective measures to ensure this case progresses in an orderly and professional manner. Any
violation of these protective measures will result in the offending party being held in contempt of
court.
Accordingly,

IT IS HEREBY ORDERED that Defendant's Motion to Disqualify [32] is DENIED.
IT IS FURTHER ORDERED that:
•

All communication between the parties shall be in writing; any communication
from Mr. Eason to Defendant Barton shall be directed to Defendant's counsel;

•

Depositions shall be conducted in a designated space in the United States District
Court, 111 South 10th Street, 5th Floor, St. Louis, Missouri, by making
arrangements with the Office of the Clerk of Court or by telephone at the
discretion of Defendant's counsel. The Court will permit Defendant Barton to
participate by telephone in any third party depositions; and

•

In the event the parties engage in me(jiation, said mediation shall be conducted in
a designated space in this Court (see above) and in separate rooms.

IT IS FURTHER ORDERED that the stay of consideration of Plaintiffs summary
judgment motion is LIFTED. Defendants shall respond to Plaintiffs motion within thirty (30)
days of the date of this Order; Plaintiff shall have ten (10) days thereafter to file any reply.

A.ROSS
ED STATES DISTRICT JUDGE

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