Sunbury Primary Care v. Webb
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STATE OF MAINE PENOBSCOT, SS. SUPERIOR COURT CIVIL ACTION Docket No. CrV -06-296 J L\j~ PeN -Cl!b!()f)()-"-_._. 1/ Sunbury Primary Care, P.A., Plaintiff/Counterclaim Defendant _... .._-..... FILED &ENTERED SUPERIOR COURT AUG 06 2007 PENOBSCOT COUNTY v. Order (Motion to' Disqualify; Motion for Enlargement) Corey Webb, Defendant/Counterclaim Plaintiff Sunbury Primary Care, P.A. has moved to disqualify Corey Webb's counsel of record, Gregory A. Brodek, Esq. and Brodek's law firm, Duane Morris LLP, as Webb's attorneys in this case. The court has reviewed the parties' submissions associated with the motion. In on order of even date, the court has examined and adjudicated a similar motion filed by Sunbury in a separate action, Sunbury Primary Care, P.A. v. Jennifer Trimble (Superior Court, Penobscot County, CV-07-9). Many of the circumstances relevant to the disqualification issue there are similar or identical to the challenge raised here. The court incorporates those aspects of the motion in Trimble into this case. The salient points established by the record at bar are that Brodek, as former counsel to Sunbury, was materially involved in developing the employment contract ultimately used when Sunbury hired Webb to an employment position as physician's assistant. In fact, Webb became a Sunbury employee when Brodek, then a partner with the law firm of Kozak, Gayer & Brodek, and the Kozak firm served as Sunbury's general counsel, although nothing in that record suggests that Brodek or the Kozak firm were involved directly in negotiations with Webb or employment decisions affecting Webb. As in Trimble, however, Sunbury here seeks to assert rights created under the employment contract that Brodek helped Sunbury to develop, and Webb - now represented by Brodek - challenges the enforceability of those contractual provisions. 1 For the reasons set out in the order in Trimble, the court concludes here that Brodek and Duane Morris are disqualified from representing Webb pursuant to M.Bar.R. 3A( d)(1 )(i). The entry shall be: For the foregoing reasons, the plaintiff's motion to disqualify is granted. Gregory A. Brodek, Esq. and the law firm of Duane Morris LLP are disqualified as counsel of record for the defendant in this action. Without objection, the plaintiff's motion for enlargement is granted. The plaintiff shall file its expert designation on the defendant's claim for abuse of process no later than September 7, 2007. Dated: August 3,2007 2 ksmith MAINE JUDICIAL INFORMATION SYSTEM mjxxi048 PENOBSCOT COUNTY SUPERIOR COURT CASE PARTY ADDRESS BOOK SUNBURY PRIMARY CARE PA VS COREY WEBB UTN:AOCSsr -2006-0142540 CASE #:BANSC-CV-2006-00296 08/07/2007 SUNBURY PRIMARY CARE PA ATTY DUDDY, MICHAEL Tel# (207) 775-1020 ATTY ADDR:53 EXCHANGE ST PO BOX 597 PORTLAND ME 04112-0597 ATTY BOXER-MACOMBER, LAURI Tel# (207) 775-1020 ATTY ADDR:53 EXCHANGE ST PO BOX 597 PORTLAND ME 04112-0597 PL COREY WEBB ATTY BRODEK, GREGORY Tel# (207) 262-5400 ATTY ADDR:88 HAMMOND STREET, SUITE 500 BANGOR ME 04401 ATTY ATTORNEY, VISITING ATTY ADDR:- DEF M=More, Space = Exit:M Select the EXIT KEY for page selection line.
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