Faller v. Breezy Point Energy Corp.
- Clarke
- 7:25-cv-01604
- U.S. District Court · Southern District of New York
- 3
In Faller v. Breezy Point Energy Corp., Judge Clarke granted counsel’s withdrawal, stayed mediation, and required Defendants to obtain new counsel.
Davidoff Law Firm, PLLC, Breezy Point Energy Corp., and Ari Goldstein; mediation in the case was stayed, and the defendants were required to obtain new counsel.
What happened
In Faller v. Breezy Point Energy Corp., the defendants’ law firm asked to withdraw because its relationship with the defendants had deteriorated and a conflict prevented continued representation. The firm also asked the court to pause a court-ordered mediation while the defendants found new counsel.
The court granted the request to pause mediation and granted the unopposed motion to withdraw. The firm must serve the order on the defendants and file proof of service by July 14, 2025.
Judge Clarke gave the defendants 60 days from that service deadline to obtain new counsel. Breezy Point Energy Corp. must be represented by a lawyer and may face default judgment if new counsel does not appear; by September 14, 2025, new counsel must file a notice of appearance and a joint status update.
The detailed version
- Faller v. Breezy Point Energy Corp. · No. 7:25-cv-01604
- Clarke
- July 10, 2025
Background
Davidoff Law Firm, PLLC represented Defendants Breezy Point Energy Corp. and Ari Goldstein. The firm reported that the relationship with the defendants had significantly deteriorated and that a conflict prevented it from continuing to represent them, including at court-ordered mediation. The firm had previously moved to withdraw because the defendants could not pay their legal fees. The defendants had not obtained replacement counsel.
Requests and Ruling
The firm asked the court to stay mediation and grant its motion to withdraw. The court granted the application and stayed mediation. It also granted the unopposed motion to withdraw at ECF No. 23 under Local Civil Rule 1.4, subject to the firm serving a copy of the order on the defendants and filing proof of service by July 14, 2025. The Clerk of Court was directed to terminate ECF Nos. 23 and 24.
Counsel Requirement and Deadlines
The order states that Breezy Point Energy Corp., as a corporation, may not appear without a lawyer. If new counsel does not appear for the corporate defendant, the court may enter default judgment against it. The defendants have 60 days from the deadline for proof of service to obtain new counsel. By September 14, 2025, new counsel must file a notice of appearance and a joint status update.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.