Good cause therefore appearing, IT IS HEREBY ORDERED:

1) Defendant’s motion to disqualify Plaintiff’s counsel is GRANTED as to Plaintiff’s

New York and California counsel and DENIED WITHOUT PREJUDICE as to Plaintiff’s

Georgia counsel.

2) Plaintiff’s motion to allow Higgins’ testimony is DENIED.

DATED: March 8, 2005 /s/ electronic signature authorized

JEREMY FOGEL

United States District Judge