Lewis C. Nelson & Sons, Inc. v. United States District Court

MEMORANDUM **

Lewis C. Nelson and Sons, Inc. (“Petitioner”) petitions us for a Writ of Mandamus directing the district court to vacate its order denying Petitioners’ motion to disqualify opposing counsel. We deny the petition.

The attorneys involved are Marshall C. Whitney, Stephen E. Carroll and the law firm of McCormick, Barstow, Sheppard, Wayte & Carruth (collectively “the McCormick law firm”). The McCormick law firm was retained to represent the County of Fresno in defense of a complaint filed by Petitioner against the County in which Petitioner alleged inter alia that the County of Fresno violated Petitioner’s right to equal protection and due process of law by applying different standards to Petitioner than to other bidders due to Petitioner’s exercise of its civil rights.

The McCormick law firm had previously represented Petitioner and its principal officer in various matters from 1985 to 1996. Although eight years had passed since the McCormick law firm’s final representation of Petitioner, Petitioner moved to disqualify them on the ground that counsel would use confidential information to further the County’s interest to the detriment of Petitioner. The District Court…