Opinion
Case No.: CV-98-0037-BH-M.
September 6, 2000.
ORDER
This matter is before the Court on Hogan, Smith Alspaugh P.C.'s Motion to Reconsider, Alter, Amend or for Relief from the Court's Order of July 18, 2000 (Doc. 14). On this, the 6th day of September, 2000, the Court held a hearing on the matter and heard from counsel representing both Hogan, Smith Alspaugh P.C., and R. Ben Hogan III individually. Additionally, the Court was addressed personally by Mr. Hogan on his own behalf as well as Mr. Clay Alspaugh on behalf of the firm. Not only has the firm of Hogan, Smith Alspaugh P.C. fully and expeditiously complied with this Court's Order dated July 18, 2000, but it has in some respects gone even further to rectify the wrongs detailed in the above mentioned Order and to prevent such occurrences in the future.
The Court finds that the firm and Mr. Hogan have done all that the Court's Order required and have convinced the Court that they (personally and as a firm) are willing and able to practice law with the dignity and honor which the profession is due. For this reason the suspension of Hogan, Smith Alapaugh P.C., imposed by this Court's Order dated July 18, 2000, is due to be and is hereby LIFTED. On the other hand, although the Court is impressed with the manner in which Hogan, Smith Alspaugh P.C. has conducted itself after entry of the July 18, 2000 Order, the Court determines that that Order was the appropriate response to the circumstances which were before the Court at that time, therefore, inasmuch as Hogan, Smith Alspaugh P.C. is requesting this Court to vacate that portion of the Order which suspended the firm from practicing in the Southern District of Alabama, that request should be and is hereby DENIED.
SO ORDERED this 6th day of September, 2000.