Opinion
3:16-CV-121-TAV-DCP
08-31-2022
LEWIS COSBY, ERIC MONTAGUE, and MARTIN ZIESMAN, as Co-Trustee for the Carolyn K. Ziesman Revocable Trust, on behalf of himself and all others similarly situated, Plaintiffs, v. KPMG, LLP, Defendant.
ORDER
Debra C. Poplin, United States Magistrate Judge.
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court, and Standing Order 13-02.
Now before the Court is the Motion to Strike Ball Declaration and Incorporated Memorandum [Doc. 263], filed by Lance Baker, Plaintiffs' former counsel. Attorney Baker requests, pursuant to Federal Rule of Civil Procedure 12(f), that the Court strike Attorney Gordon Ball's Declaration [Doc. 259] that references proceedings before the Tennessee Board of Professional Responsibility (“Board”). Attorney Baker argues that such matters are confidential. Attorney Ball filed a response [Doc. 265], stating that the law permits him to divulge certain information that is related to proceedings before the Board. Attorney Baker filed a reply [Doc. 270], arguing that matters dismissed by the Board are confidential and that Attorney Ball filed the Declaration [Doc. 259] to harass Attorney Baker and for purposes of retaliation.
After Attorney Baker and Attorney Ball filed the above documents, the parties attended a mediation and settled the only remaining issue in this case (i.e., the distribution of attorney's fees). Attorney Ball filed his Declaration [Doc. 259] in support of his request for attorney's fees. Given that the parties have now settled this issue, the Court finds the Declaration [Doc. 259] irrelevant.
Accordingly, the Court GRANTS the Motion to Strike Ball Declaration [Doc. 263], and the Court DIRECTS the Clerk to STRIKE [Doc. 259] from the record.
IT IS SO ORDERED.