Law Firm of Omar T. Mohammedi, LLC v. Computer Assisted Practice Electronic Management Solutions, et al
Filing
73
OPINION AND ORDER re: 57 MOTION to Disqualify Counsel Elizabeth Kimundi, Esq. filed by Computer Assisted Practice Electronic Management Solutions, Justin Gorkic, Kenneth Cullen. Accordingly, because Defendants have not shown that K imundi's testimony is necessary or would be prejudicial to plaintiff, Defendants' motion to disqualify counsel is denied. My ruling is without prejudice to a renewed motion if new evidence develops demonstrating that Kimundi's testimony will be necessary and prejudicial to plaintiff. (Signed by Magistrate Judge Henry B. Pitman on 7/27/2018) (tro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------x
USDCSDNY
{ DOCUMENT
· ELECTRO:N'1CAJ .l.Y FILED
l~~FILED:: 7{Z1(S . :
DOC#:
I.
I
LAW FIRM OF OMAR T.
MOHAMMEDI, LLC,
Plaintiff,
17 Civ. 4567
-againstCOMPUTER ASSISTED PRACTICE
ELECTRONIC MANAGEMENT SOLUTIONS,
d/b/a "Capems, Inc.," KENNETH
CULLEN, in his professional and
individual capacities, and JUSTIN
GORKIC, in his professional and
individual capacities,
(ER) (HBP)
OPINION
AND ORDER
Defendants.
-----------------------------------x
PITMAN, United States Magistrate Judge:
I.
Introduction
By notice of motion dated May 18, 2018, defendants,
Computer Assisted Practice Electronic Management Solutions, d/b/a
"Capems, Inc.," Kenneth Cullen, and Justin Gorkic (collectively
"Defendants"), seek to disqualify plaintiff's counsel, Elizabeth
Kimundi, Esq., on the basis of the advocate-witness rule
to Disqualify Counsel, dated May 18, 2018
57) at 2).
is denied.
(Motion
(Docket Item ("D.I.")
For the reasons set forth below, Defendant's motion
II.
Background
Defendants were retained by plaintiff in January 2012
to perform various services related to plaintiff's computers.
Plaintiff alleges that Defendants breached the service contract,
violated the Computer Fraud and Abuse Act and converted plaintiff's property (Memorandum of Law in Opposition to Defendants'
Motion to Disqualify Counsel, dated June 1, 2018
(D.I.
60)
("Plaintiff's Memorandum") at 8).
Among other things, plaintiff alleges that, pursuant to
the contract, it requested that Defendants replace a tablet
device with a laptop computer supplied by plaintiff (Complaint,
dated June 16, 2017
(D.I. 1)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?