Opinion
No. 94 Civ. 0655 (TPG)
September 19, 2002
OPINION
Wendella Ault Battey, Esq. has moved for leave to withdraw as attorney for defendant. She also moves for a continuance of further proceedings in the case of 120 days to permit defendant to employ other counsel and to give new counsel time to deal with pending matters. Plaintiff opposes the motion.
The main point presented in Ms. Battey's motion is the tragic circumstance that her eldest son of 10 years died on December 2, 2001. The remaining family apparently consists of Ms. Battey and a six-year old son. Ms. Battey states that she has now decided to reduce her law practice and to handle no litigation outside of Connecticut. Her office is in Hartford.
Normally, given the situation described by Ms. Battey, the court would grant her motion without question, including granting the four-month delay in further proceedings. However, plaintiff has submitted a detailed description of the history of this case, which shows that there are problems from plaintiffs standpoint which cannot be overlooked.
The case has been pending for 8 years. Ms. Battey is the fourth attorney for defendant. The delays in the case have been extreme, caused both by the succession of attorneys and by defendant's dilatory conduct. There are cross-motions which have been fully briefed and are ready for argument. The deposition of defendant has been noticed for October 22-25. Plaintiff rightly urges that these matters go forward so that the case can proceed to trial in the early part of 2003, if the case is not otherwise disposed of.
The court has concluded that Ms. Battey must be permitted to withdraw and her motion to do so is granted. However, since defendant has had considerable opportunity to obtain new counsel, defendant is directed to have such new counsel file a notice of appearance no later than October 15, 2002 or else defendant will be deemed to appear pro se henceforth. The deposition of defendant is adjourned to commence on November 18, 2002 and to continue day to day until completed. The court will confer with plaintiffs attorney and with defendant's new attorney or defendant pro se regarding the schedule for other pending discovery and possible oral argument of the motions.
SO ORDERED.