Kelly v. Hospitality Ventures LLC, et al

Filing 57

ORDER denying 41 Motion to Disqualify Counsel. Signed by District Judge Louise Wood Flanagan on 8/9/2017. (Collins, S.)

Motion  DENIED. 
9th
August
17
This the ____ day of ___________, 20___. 
/s/Louise W. Flanagan, U.S. District Judge  THE UNITED STATES DISTRICT COURT
IN

FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CA No. 5:17-cv-00098-FL
BRANDON KELLY, on behalf of himself and )
all others similarly situated,
)
)
)
Plaintiff,
)
)
v.
)
HOSPITALITY VENTURES LLC, d/b/a )
UMSTEAD HOTEL AND SPA, NC )
CULINARY VENTURES LLC, d/b/a ÃN )
ASIAN CUISINE, SAS INSTITUTE INC., and )
)
ANN GOODNIGHT,

June 6, 2017

Defendants.

MOTION FOR DISQUALIFICATION OF DEFENDANTS’ COUNSEL FOR
VIOLATIONS OF THE NORTH CAROLINA RULES OF PROFESSIONAL CONDUCT
Plaintiff Brandon Kelly (“Plaintiff”) hereby respectfully requests that the Court disqualify
counsel for the Defendants, Stokes Wagner, ALC and Poyner Spruill LLP (“Defendants’
Counsel”), for numerous violations of the North Carolina Rules of Professional Conduct, which
adversely affect their ability to continue litigating this matter in an equitable and ethical manner.
Based on the facts and legal authority discussed in the accompanying Memorandum of Law in
Support of Plaintiff’s Motion for Disqualification of Defendants’ Counsel for Violations of the
North Carolina Rules of Professional Conduct, Defendants’ Counsel should be disqualified from
this matter.

Respectfully submitted this June 6, 2017.