Arias v. A & J Deli Fish Corp.
- Andrew Carter
- 1:19-cv-04042
- U.S. District Court · Southern District of New York
- 2
In Arias v. A & J Deli Fish Corp., Judge Moses granted defense counsel’s withdrawal, ruled against requested liens, and set deadlines and a status conference.
The order directly affected defense attorneys Andrea Marie Moss and Sima Asad Ali, their former clients A & J Deli Fish Corp. and Julio Castillo, and the parties’ required appearances and representation in the case.
What happened
In Arias v. A & J Deli Fish Corp., the defendants’ attorneys asked to withdraw from representing A & J Deli Fish Corp. and Julio Castillo. No one opposed the request, and the court found good cause for withdrawal.
The court ruled that the withdrawing attorneys were not entitled to either a charging lien or a retaining lien for fees and expenses. It explained that the defendants had no counterclaims that could support a charging lien and that retaining liens are unavailable in this type of federal fee-shifting case.
Judge Barbara Moses granted the attorneys’ motion to withdraw. She ordered A & J Deli Fish Corp. to have new counsel appear by March 20, 2020, and allowed Julio Castillo either to obtain counsel or file a notice that he would proceed without a lawyer. She also scheduled a March 24, 2020 status conference, which all parties had to attend.
The detailed version
- Arias v. A & J Deli Fish Corp. · No. 1:19-cv-04042
- Andrew Carter
- Feb. 20, 2020
Background
Attorneys Andrea Marie Moss and Sima Asad Ali of Ali Law Group PC asked for permission to withdraw as counsel for A & J Deli Fish Corp., doing business as Aurora Fish Grill, and Julio Castillo. The defendants consented to the withdrawal. The attorneys also asked to submit their formal withdrawal papers under seal, requested a stay of discovery while the motion was resolved, and sought an order fixing their charging and retaining liens for fees and expenses.
The court had previously allowed the attorneys to submit the withdrawal papers to chambers, directed the parties to respond by specified deadlines, and stayed discovery while the withdrawal request was pending. No opposition to the motion was received.
Rulings
Judge Barbara Moses found good cause for the attorneys’ withdrawal and granted their motion for leave to withdraw.
The court ruled that the attorneys were not entitled to a charging lien under New York law. A charging lien is a security interest in a favorable result of litigation. The court explained that the defendants were defending an action under the Fair Labor Standards Act and had not asserted counterclaims, so they had no claim in which such a lien could attach.
The court also ruled that the withdrawing attorneys were not entitled to a retaining lien. It relied on the rule that such liens are unavailable when a case arises under a federal statute containing a fee-shifting provision.
Required next steps
Because A & J Deli Fish Corp. is a corporation, it must defend the action through counsel. Its new counsel had to file a notice of appearance by March 20, 2020. Julio Castillo could either have new counsel appear by that date or file a notice stating that he would proceed without a lawyer.
The court scheduled a status conference for March 24, 2020, at 11:30 a.m. and required all parties, including Castillo whether represented or proceeding without a lawyer, to attend. The withdrawing attorneys also had to serve the order on their former clients and file proof of service. The clerk would terminate them as counsel of record after that proof was filed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.