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S.D.N.Y.Procedural orderFiled Dec. 27, 2020

Antolini v. Rosenblum

Judge
Lorna Schofield
Docket
1:19-cv-06264
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Antolini v. Rosenblum, Judge Schofield ordered counsel and defendants to clarify representation and respond to a withdrawal motion.

Who this affects

Defendants and their counsel, including the Landau Group, P.C. and Juan C. Gonzalez, were affected by the deadlines and representation-related orders.

What happened

In Antolini v. Rosenblum, the Landau Group asked to withdraw as defendants’ counsel and requested a 45-day pause so defendants could find new counsel. The motion cited unpaid legal fees and irreconcilable differences.

The court noted that Juan C. Gonzalez was also listed as defendants’ counsel. It ordered Mr. Gonzalez to report whether he still represented defendants, required the Landau Group to serve the motion and order on defendants, and allowed defendants to submit responses.

Judge Lorna G. Schofield did not rule on whether the Landau Group could withdraw. She set deadlines for the representation update, service, and responses.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Antolini v. Rosenblum · No. 1:19-cv-06264
Judge
Lorna Schofield
Date
Dec. 27, 2020

Background

The Landau Group, P.C. filed a motion on December 22, 2020, asking to withdraw as counsel for defendants and to stay, or pause, all proceedings for 45 days while defendants sought and retained new counsel. The motion stated that defendants had been unable to pay their legal fees and that irreconcilable differences existed between the Landau Group and defendants.

The motion included a declaration from Jorge Guzman, a partner of Lamano West Village, LLC doing business as Lamano Restaurant, who consented to the Landau Group’s withdrawal. The court also noted that the Landau Group was not defendants’ only counsel of record: Juan C. Gonzalez of Rubin Paterniti Gonzalez Kaufman LLP had filed a notice of appearance for defendants on August 6, 2019.

Orders

The court stated that limited liability companies cannot proceed without a lawyer. It ordered Mr. Gonzalez to file a letter by January 8, 2021, explaining the status of his representation of defendants. It ordered the Landau Group to serve defendants with the motion and the order by January 5, 2021. It also ordered that any defendants wishing to address the motion file a responsive letter by January 12, 2021.

The order does not state that the motion to withdraw or the request to stay proceedings was granted or denied. It instead set deadlines for clarifying representation, serving the motion, and receiving defendants’ responses.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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