ROBERTS v. FERMAN et al

Filing 147

ORDER THAT DEFTS' MOTION TO BIFURCATE IS DENIED. DEFTS' MOTION TO DISQUALIFY PLFF'S COUNSEL IS GRANTED. PLFF'S COUNSEL, BRIAN PURICELLI, ESQ., IS DISQUALIFIED FROM ACTING AS AN ADVOCATE ON BEHALF OF PLFF AT TRIAL. PLFF'S CROSS MOTION FOR SANCTIONS AGAINST ATTORNEY GONZALES & CHRISTOPHER BOYLE & TO DISQUALIFY ATTORNEY GONZALES IS DENIED, ETC. SIGNED BY MAGISTRATE JUDGE L. FELIPE RESTREPO ON 9/16/11. 9/16/11 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

REGINALD A. ROBERTS
Plaintiff,
v.
RISA VETRI FERMAN, et al.
Defendants.

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CIVIL ACTION

NO. 09-4895

ORDER
AND NOW, this 16th day of September, 2011, having considered Defendants’ Motion to
Bifurcate or in the Alternative Disqualify Plaintiff’s Counsel (Doc. 137), Plaintiff’s Opposition
to the Defendants’ Motion to Bifurcate the Trial or in the Alternative for Disqualification of
Plaintiff’s Counsel with a Cross Motion for Sanctions Against Attorney Gonzales and
Christopher Boyle and to Disqualify Attorney Gonzales (Doc. 141), and Defendants’ Omnibus
Response/Reply to Plaintiff’s Response in Opposition to Defendants’ Motion to Re-Open
Discovery (#140), Response in Opposition to Motion for Sanctions (#141) and ‘Reply to
Response in Opposition re: 131 Motion for Reconsideration’ (#143) (Doc. 145),1 and for the
reasons stated in the Memorandum accompanying this Order, it is hereby ORDERED that:
1. Defendants’ Motion to Bifurcate is DENIED.
2. Defendants’ Motion to Disqualify Plaintiff’s Counsel is GRANTED. Plaintiff’s
Counsel, Brian Puricelli, Esq., is disqualified from acting as an advocate on behalf of Plaintiff at
trial.

1

In this Order and accompanying Memorandum, the Court considers Defendants
Omnibus Response/Reply to the extent that it relates to the issues of bifurcation and
disqualification of Plaintiff’s counsel.

3. Plaintiff’s Cross-Motion for Sanctions Against Attorney Gonzales and Christopher
Boyle and to Disqualify Attorney Gonzales is DENIED. If Plaintiff intends to move for the
recusal of Judge Restrepo (see Pl.’s Resp. 9), Plaintiff must do so within 20 days of this Order, in
a manner consistent with Federal Rule of Civil Procedure 7 and Local Rule of Civil Procedure
7.1.
4. Counsel are instructed to contact the Court within one week of the Third Circuit ruling
on the pending appeal in this matter, (see Doc. 92), to discuss scheduling of the trial and the
status of counsel.

BY THE COURT:

/s/ L. Felipe Restrepo
L. FELIPE RESTREPO
UNITED STATES MAGISTRATE JUDGE