SPEAR et al v. FENKELL et al

Filing 264

ORDER THAT DEFENDANT DAVID B. FENKELL'S MOTION TO DISQUALIFY (DOC. NO. 178) IS DENIED. OTHER INSTRUCTIONS ARE AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 11/24/2014. 11/25/2014 ENTERED AND COPIES MAILED, E-MAILED.(jmg, )

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

SPEAR, et al.
v.
FENKELL, et al.

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RICHARD A. LLORET
U.S. MAGISTRATE JUDGE

CIVIL ACTION

NO. 13-02391
November 24, 2014

ORDER
AND NOW, this 24th day of November, 2014, for the reasons stated in the
Memorandum Opinion accompanying this Order, it is ORDERED that Defendant
David B. Fenkell’s Motion to Disqualify (Docket No. 178) is DENIED.
It is FURTHER ORDERED that on or before 5 p.m. on December 5, 2014,
plaintiffs Alliance ESOP and Barbie Spear, in her fiduciary capacity, and Third Party
Defendant Barbie Spear, individually, shall submit a memorandum of no more than 10
pages in length addressing (1) whether counsel’s multiple representation, including dual
capacity representation of Barbie Spear, violates Pennsylvania Rule of Professional
Conduct 1.7, applicable to attorneys practicing in this District, and 2) what steps short of
disqualification this court may take in the event such a conflict appears. Counsel for Mr.
Fenkell shall file a similar memorandum regarding dual capacity representation of Mr.
Fenkell. Mr. Fenkell’s memorandum is also due on or before 5 p.m. on December 5,
2014.

The parties may respond to each other’s memoranda on or before December 12,
2014. The responsive memoranda shall be no more than 5 pages in length.

s/Richard A. Lloret __
RICHARD A. LLORET
U.S. Magistrate Judge