Abode Affordable Housing, LLC v. McCall
- Edgardo Ramos
- 1:23-cv-06887
- U.S. District Court · Southern District of New York
- 2
In Abode Affordable Housing v. McCall, Judge Ramos allowed counsel to withdraw, ordered Abode to hire counsel, and adjourned amendment-motion briefing.
Abode Affordable Housing, LLC, its withdrawing attorney Yair Bruck, and the defendants in the case were affected. Abode must retain counsel by February 24, 2025; the proposed second amended complaint’s briefing schedule is paused; and the parties must attend a February 26, 2025 conference.
What happened
In Abode Affordable Housing, LLC v. McCall, Abode’s lawyer asked to withdraw because of irreconcilable differences and requested a 30-day pause so Abode could find new counsel. Abode also had asked for permission to file a second amended complaint.
The court explained that a corporation must appear in federal court through a lawyer and cannot represent itself. The court allowed the lawyer to withdraw and directed Abode to have new counsel enter an appearance by February 24, 2025. The court warned that failing to do so could lead to adverse action against Abode.
Judge Edgardo Ramos also required the withdrawing lawyer to serve the order on Abode, adjourned the briefing schedule for the proposed second amended complaint until further notice, and set a conference for February 26, 2025.
The detailed version
- Abode Affordable Housing, LLC v. McCall · No. 1:23-cv-06887
- Edgardo Ramos
- Jan. 27, 2025
Background
Abode Affordable Housing, LLC had asked for permission to file a second amended complaint. After the court set a briefing schedule, Abode’s lawyer, Yair Bruck, asked to withdraw based on irreconcilable differences. Bruck also requested a 30-day stay so Abode could obtain substitute counsel.
Court’s reasoning
The court stated that a corporation may appear in federal court only through an attorney and may not represent itself without a lawyer.
Order
The court granted Bruck leave to withdraw as Abode’s attorney. It directed Abode to retain counsel and have that attorney enter an appearance by February 24, 2025. The court stated that failing to do so may result in adverse action against Abode.
Bruck was directed to serve the order on Abode by January 28, 2025 and to post notice of service on the docket. The briefing schedule for Abode’s motion to file a second amended complaint was adjourned until further notice. The parties were directed to appear for a conference on February 26, 2025, at 11:00 a.m.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.