Koczwara v. Nationwide General Insurance Company
- Barbara Moses
- 1:20-cv-02579
- U.S. District Court · Southern District of New York
- 7
In Koczwara v. Nationwide General Insurance Company, Judge Moses granted counsel’s withdrawal request, deferred the charging-lien decision, and stayed the case.
Stanislaw Koczwara, his former attorneys Matthew S. Aboulafia and Jack Glanzberg, and the ongoing case against Nationwide General Insurance Company.
What happened
In Koczwara v. Nationwide General Insurance Company, the plaintiff’s lawyers asked to withdraw because they and Stanislaw Koczwara disagreed about how to proceed and about the case’s value. Koczwara opposed the request, while Nationwide took no position.
The court found that the serious disagreements and mistrust between Koczwara and his lawyers were sufficient reasons for withdrawal. Fact discovery was substantially complete, and the court found that allowing the lawyers to leave would not cause additional delay or prejudice beyond that normally caused by a lawyer’s departure.
Judge Moses granted the motion to withdraw, treated the request for a retaining lien as withdrawn, and deferred the charging-lien decision. The court stayed the case until March 15, 2021, so Koczwara could retain new counsel; if no new lawyer appeared by then, he was required to file a notice stating that he would represent himself.
The detailed version
- Koczwara v. Nationwide General Insurance Company · No. 1:20-cv-02579
- Barbara Moses
- Feb. 11, 2021
Background
Matthew S. Aboulafia filed a motion seeking permission for the Aboulafia Law Firm, LLC, including attorneys Matthew S. Aboulafia and Jack Glanzberg, to withdraw as counsel for plaintiff Stanislaw Koczwara. The motion stated that the attorneys and Koczwara “fundamentally disagree[d] as to how to best proceed with this matter.” The attorneys also requested a retaining and charging lien and a 30-day stay so Koczwara could find new counsel.
The court sealed the initial motion papers because they contained confidential information and directed counsel to file redacted papers publicly. Koczwara opposed the withdrawal request in a confidential response. During a February 11, 2021 telephonic conference, counsel reported that fact discovery was substantially complete and that neither side had served expert reports. Nationwide confirmed that it took no position on the withdrawal motion. During the confidential portion of the conference, the attorneys withdrew their request for a retaining lien.
Court’s Analysis
Under Local Civil Rule 1.4, an attorney seeking to withdraw must show “satisfactory reasons.” Judge Moses found that the attorneys had met that standard. The court identified deep disagreements between Koczwara and his counsel about the value of the case and the feasibility of Koczwara’s goals, which had caused considerable mistrust. The court determined that these circumstances supported withdrawal.
The court also noted that fact discovery was substantially complete and that no trial date had been set. It therefore concluded that allowing counsel to withdraw at that stage would not create delay or prejudice beyond the effects normally associated with a lawyer’s departure.
Disposition
The motion to withdraw was GRANTED. The request for a retaining lien was WITHDRAWN. The court deferred decision on the request for a charging lien until Koczwara recovered a judgment or settlement. The action was STAYED until March 15, 2021, to give Koczwara time to retain new counsel. If new counsel had not appeared by that date, Koczwara was required to file a Notice of Pro Se Appearance. The clerk was directed to terminate Aboulafia and Glanzberg as Koczwara’s counsel on the electronic docket and to terminate the listed motions.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.