Summary
finding "good cause for withdrawal based on the lack of communication with the plaintiff and the acrimonious relationship that ha[d] developed between the law firm and the plaintiff"
Summary of this case from City Merch. Inc. v. Tian Tian Trading Inc.Opinion
04 Civ. 1105 (JGK).
July 15, 2008
MEMORANDUM OPINION AND ORDER
The law firm of Greenberg Stein PC, (the "law firm") moves to withdraw as counsel for the plaintiff Josefa Munoz, pursuant to Local Civil Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. The plaintiff has not opposed this application.
The law firm has shown good cause for withdrawal based on the lack of communication with the plaintiff and the acrimonious relationship that has developed between the law firm and the plaintiff. See, e.g., Callahan v. Consolidated Edison Co., No. 00 CV 6542, 2002 WL 1424593, at *1 (S.D.N.Y. July 1, 2002).
The law firm should assure that it promptly delivers to the plaintiff all of the papers in the case so that the plaintiff can attempt to obtain representation by another lawyer.
The Court will stay this action for sixty (60) days to allow the plaintiff the opportunity to obtain other representation, or to decide to continue the case pro se. By September 19, 2008, the plaintiff shall file a notice with the Court indicating whether she has decided to proceed pro se, that is, to represent herself without a lawyer, in which case she should provide the address at which service of papers can be made on her, or shall file a notice of appearance by a new attorney. If the plaintiff fails to file such information by September 19, 2008, the Court may dismiss this case for failure to prosecute, in which event the plaintiff will have no trial.
The plaintiff is urged to consult with Pro Se Office of the Court for information about Court procedures. The Pro Se Office can be located at the following address: Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Room 230, New York, NY 10007. The phone number of the Pro Se Office is (212) 805-0175.
SO ORDERED.