Uhalde v. Roadway Moving & Storage, Inc.
- Alison Nathan
- 1:18-cv-09962
- U.S. District Court · Southern District of New York
- 2
In Uhalde v. Roadway Moving, Judge Nathan indefinitely postponed the response deadline after Uhalde’s lawyer withdrew.
Marcio Uhalde, whose counsel had withdrawn, must arrange for new counsel to appear or notify the court that he will proceed without a lawyer within 30 days.
What happened
In Uhalde v. Roadway Moving & Storage, Inc., the court addressed the withdrawal of Marcio Uhalde’s lawyer, Benjamin Davis Weisenberg. The court had approved the withdrawal on January 24, 2020.
Because of the withdrawal, the court postponed indefinitely Uhalde’s January 31 deadline to respond to the defendant’s December 6, 2019 letter. Uhalde was given 30 days to have new counsel appear or to notify the court that he would proceed without a lawyer.
Judge Alison J. Nathan warned that failing to comply, or to file a letter explaining a good reason for delay, might lead to dismissal for failure to prosecute. The order did not decide the underlying claims.
The detailed version
- Uhalde v. Roadway Moving & Storage, Inc. · No. 1:18-cv-09962
- Alison Nathan
- Jan. 28, 2020
Background On January 24, 2020, the court approved the withdrawal of Plaintiff Marcio Uhalde’s counsel, Benjamin Davis Weisenberg.
Order Because counsel withdrew, the court indefinitely postponed Uhalde’s January 31, 2020 deadline to respond to Defendant Roadway Moving & Storage, Inc.’s December 6, 2019 letter.
The court ordered that new counsel appear for Uhalde, or that Uhalde notify the court that he would proceed without a lawyer, within 30 days of the order. The court stated that failure to comply within 30 days—or to file a letter giving a good reason for delay—might result in dismissal of the action for failure to prosecute, meaning failure to move the case forward or comply with a court order. The court also stated that it would mail the order to Uhalde and note the mailing on the public docket.
Disposition The order changed a response deadline and set a deadline for Uhalde’s representation or appearance without a lawyer. It did not dismiss the action or decide the merits of the dispute. Judge Alison J. Nathan issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.