Cole

We consider a petition for a writ of mandamus arising from a magistrate judge’s sanction of disqualification imposed on petitioners’ counsel by revocation of counsel’s pro hac vice status. Petitioners demonstrate that the magistrate judge clearly erred in imposing this sanction without giving petitioners’ counsel notice and an opportunity to be heard on the specific grounds for disqualification and revocation of counsel’s pro hac vice status. But because mandamus is an extraordinary remedy and petitioners did not take advantage of an available remedy by seeking review of the magistrate judge’s decision before the district court, we deny the petition.

I

The request for mandamus relief follows an order disqualifying petitioners’ lead counsel, Kenneth D. Simoncini, in a case scheduled for trial. The disqualification order resolved a motion brought by the defendants (captioned here as “Real Parties in Interest”) to disqualify Simoncini on *816 grounds not relevant to this appeal.

On May 2, 2003, after a hearing on the motion to disqualify, Magistrate Judge Boyle ordered the plaintiffs and Simoncini to submit affidavits for in camera review. The purpose of the ordered affidavits…