Beruflich Dokumente
Kultur Dokumente
COME NOW Plaintiffs United States Fidelity and Guaranty Company and Fidelity Guaranty
Insurance Underwriters, Inc. (hereinafter collectively referred to as “USF&G”) and hereby move to
disqualify Oliver Diaz, Esq. as participating counsel for Paul S. Minor, as follows:
1. This civil action arises out of fraudulent and criminal activities of Defendants Paul
Minor and Wes Teel. On July 28, 2010, attorney Oliver Diaz noticed his appearance on behalf of
Paul Minor. Except in limited circumstances that are inapplicable here, Rule 3.7 of the Mississippi
Rules of Professional Conduct prohibits necessary witnesses from participating as counsel in the
same action.
2. As explained in the brief in support of this motion, Mr. Diaz is a necessary witness
and is therefore disqualified from participating as counsel in this case. Disqualification of Diaz will
not prejudice Minor, or otherwise cause Minor to suffer any hardship, as Minor has multiple counsel
currently employed to represent his interests. Accordingly, USF&G respectfully requests that the
Court grant USF&G’s motion to disqualify Diaz as Minor’s counsel in this action.
OF COUNSEL:
Neil J. Dilloff
DLA PIPER US, LLP
6225 Smith Avenue
Baltimore, Maryland 21209-3600
Telephone: (410) 580-3000
Facsimile: (410) 580-3001
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Case 1:08-cv-00242-HTW-LRA Document 138 Filed 09/17/10 Page 3 of 3
CERTIFICATE OF SERVICE
I, O. Stephen Montagnet, III, of counsel for Plaintiffs, do hereby certify that I have this date
electronically filed the foregoing pleading with the Clerk of the Court and served a copy of the
foregoing pleading electronically to ECF participants and via U.S. Mail upon non-participants at
their address of record.
Robert C. Galloway
Butler Snow O’Mara Stevens & Cannada, PLLC
P. O. Drawer 4248
Gulfport, MS 39502-4248
bob.galloway@butlersnow.com
Amanda B. Barbour
James B. Tucker
Butler Snow O’Mara Stevens & Cannada, PLLC
P. O. Box 22567
Jackson, MS 39225-2567
amanda.barbour@butlersnow.com
james.tucker@butlersnow.com
Walter W. Teel
Inmate No. 07702-043
Federal Prison Camp
U. S. Penitentiary
Post Office Box 150160
Atlanta, GA 30315