Opinion
C.A. No. 09C-02-030 FSS.
Submitted: April 26, 2010.
Decided: July 26, 2010.
Upon Defendant Shirley A. Bishop's Motion for Reconsideration of Commissioner's Order and Appeal from Commissioner's Findings of Fact and Recommendations — DENIED
ORDER
1. It appears on April 19, 2010, the assigned-commissioner denied Ms. Bishop's motion to disqualify the attorney representing counterclaim-defendant McCambridge.
2. The denial was based on a letter from McCambrige's attorney explaining his law firm had represented a real estate corporation in which Ms. Bishop was allegedly a shareholder. McCambridge's attorney claims that he and his law firm never represented Ms. Bishop personally, and they never had substantive contact with Ms. Bishop. The record does not show otherwise, nor does it provide a basis for an evidentiary hearing.
3. While the record in support of the motion to disqualify includes copies of emails from the law firm to McCambridge, the record does not include allegations of specific contact between the law firm and Ms. Bishop. In other words, consistent with the attorney's letter, the record does not support a claim that the law firm ever represented Ms. Bishop, or that the law firm obtained privileged information from Ms. Bishop, much less that the law firm is poised to use confidential information against Ms. Bishop.
For the foregoing reasons, Defendant Shirley A. Bishop's April 26, 2010 motions are DENIED. IT IS SO ORDERED.