Magistrate Judge Steven Gold
Siemens and Schlesinger Electrical Contractors formed Schlesinger-Siemens Electrical (SSE) in 2004. Meanwhile Schlesinger and First Keystone Consultants (FKC) formed SFD Associates to equally share SSE’s profits. In 2007 SSE’s board removed Robert Solomon from its membership. Remaining “Tax Loss claims” concerned Siemens’ and Schlesinger’s 2010 compact to allocate SSE’s tax losses to Siemens. The magistrate judge’s June 21, 2013, report found Siemens should be granted judgment on plaintiffs’ claims that Siemens tortiously interfered with Schlesinger’s contract with FKC, and aided and abetted its breach of fiduciary duty. Neil Solomon, Robert’s son, was legal counsel for SSE between 2006 and 2008. Over defendants’ objections, the magistrate granted Neil pro hac vice admission to present—and if oral argument is held—argue FKC’s and the Solomons’ objections to the magistrate’s report. Although the first of the three-pronged test for disqualification in Evans v. Artek Sys. was satisfied, defendants did not show that the matters Neil handled for SSE substantially related to those at issue. His objections to the report do not rely on facts arising between 2006 and 2008, nor privileged attorney-client communications from that period.
