Ramgoolie v. Ramgoolie
- Valerie Caproni
- 1:16-cv-03345
- U.S. District Court · Southern District of New York
- 5
In Ramgoolie v. Ramgoolie, Judge Netburn granted defense counsel’s withdrawal motion because Defendant was uncooperative, while warning that delays would be limited.
The ruling permits Terry Brostowin to withdraw as counsel for Defendant Andy Ramgoolie and requires Andy Ramgoolie to tell the court whether he will represent himself. It also affects Plaintiff Jenny Ramgoolie by allowing the case’s damages proceeding to continue, subject to the court’s warning about limited extensions.
What happened
In Ramgoolie v. Ramgoolie, attorney Terry Brostowin had represented Defendant Andy Ramgoolie in a lengthy breach-of-contract case. After the court entered default against Andy Ramgoolie and Plaintiff Jenny Ramgoolie submitted proposed findings about damages, Brostowin asked to withdraw. The opinion states that Jenny Ramgoolie was representing herself.
Brostowin said Andy Ramgoolie had not cooperated, including by failing to respond to requests about the damages proceeding, and that payment would be required for continued representation. Jenny Ramgoolie objected, arguing that withdrawal would cause delay and that she had not been properly served with the motion. The court found that any delay would not justify denying the motion because discovery had closed, default had been entered, and the case was already at the damages stage.
Judge Sarah Netburn granted the motion to withdraw, directed the Clerk to terminate Terry Brostowin as Andy Ramgoolie’s counsel, and required Andy Ramgoolie to tell the court by July 8, 2020, whether he would represent himself. The court also stated that it did not anticipate granting significant extensions for a response to Jenny Ramgoolie’s damages submission.
The detailed version
- Ramgoolie v. Ramgoolie · No. 1:16-cv-03345
- Valerie Caproni
- June 24, 2020
Background
Terry Brostowin, Esq. moved to withdraw as counsel for Defendant Andy Ramgoolie. Brostowin had represented Andy Ramgoolie since the breach-of-contract case began in 2016. The motion was filed after default had been entered against Andy Ramgoolie and after Plaintiff Jenny Ramgoolie, who was proceeding without a lawyer, filed proposed findings of fact and conclusions of law concerning the damages proceeding.
Legal standard
The court applied Local Civil Rule 1.4, which requires an attorney who has appeared as counsel of record to obtain the court’s permission before withdrawing. The rule requires a satisfactory reason for withdrawal. The court also considered both the reasons for withdrawal and the likely effect on the timing of the case. The opinion explains that a client’s lack of cooperation or lack of communication may support withdrawal when it makes effective representation unreasonably difficult.
Reasons for withdrawal
Brostowin stated that Andy Ramgoolie had failed to cooperate, particularly concerning the damages proceeding. Brostowin said he had repeatedly tried to communicate with Andy Ramgoolie, requested instructions about responding to Jenny Ramgoolie’s submissions, and informed him that payment would be required for continued representation. In a sworn affidavit, Brostowin stated that Andy Ramgoolie’s only responsive communication during the relevant period was his consent to the withdrawal motion.
Jenny Ramgoolie opposed withdrawal. She argued that allowing Andy Ramgoolie to proceed without a lawyer or obtain new counsel would cause additional delay. She also argued that she had not received a copy of the motion papers and that Brostowin had not adequately supported his claims because he did not submit copies of the emails showing Andy Ramgoolie’s lack of cooperation.
Court’s analysis
The court rejected Jenny Ramgoolie’s objections. It found that she had consented to electronic service and had been able to respond through multiple opposition letters. It also found that Brostowin’s sworn affidavit adequately supported his statement that Andy Ramgoolie had not responded concerning the damages proceeding. The court acknowledged that withdrawal might extend the timeline, but concluded that it would not disrupt the case enough to require denial of the motion. The court emphasized that discovery had closed, default had been entered, and Jenny Ramgoolie had already submitted proposed findings concerning damages.
Disposition
Judge Sarah Netburn granted the motion to withdraw. The Clerk was directed to terminate Terry Brostowin as counsel for Andy Ramgoolie and close the motion at ECF No. 275. Andy Ramgoolie was ordered to advise the court by Wednesday, July 8, 2020, whether he intended to represent himself and, if so, to file a notice of self-representation. The court stated that it did not anticipate granting significant extensions for Andy Ramgoolie to respond to Jenny Ramgoolie’s damages submission. The court also described an email-filing procedure available to parties proceeding without lawyers during the pandemic.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.