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Power Play 1 LLC v. Norfolk Tide Baseball Club LLC

Attorneys Not Disqualified in Rescission, Breach Action Following Hockey Team's Purchase

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OPINION & ORDER

*1 Plaintiffs Power Play 1 LLC (“Power Play”) and Admirals ECHL Hockey LLC (“Admirals ECHL”) seek to disqualify the law firm Kaufman & Canoles, P.C. (“K&C”) as counsel for Defendants Norfolk Tide Baseball Club, LLC (“Norfolk Tide”) and Tides Baseball Club L.P (“Tides”). Power Play and Admirals ECHL argue that two K&C attorneys are material witnesses on significant issues of fact and that one K&C attorney maintains a financial interest in Tides. For the reasons that follow, Power Play and Admirals ECHL’s motion to disqualify Defendants’ attorneys is denied.BACKGROUNDThis action stems from Power Play’s purchase of a minor league professional hockey team from the Edmonton Oilers. Power Play alleges that as part of that transaction, it also purchased Norfolk Tide’s interest in Admirals ECHL, an operating company that managed the hockey team. Power Play purchased Admirals ECHL pursuant to a Membership Interest Purchase Agreement (the “Agreement”) between Power Play and Norfolk Tide.

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