Talon Professional Services, LLC v. Centerlight Health System Inc.
- Paul Engelmayer
- 1:20-cv-00078
- U.S. District Court · Southern District of New York
- 2
In Talon Professional Services v. Centerlight, Judge Engelmayer gave Okaya three weeks to hire counsel and paused its lawyers’ withdrawal motion.
Okaya, Inc. was required to obtain new counsel to continue defending the lawsuit. Chugh, LLP and Prema Roddam remained counsel of record while their withdrawal motion was held in abeyance and were required to serve the order and document that service.
What happened
In Talon Professional Services, LLC v. Centerlight Health System Inc., Chugh, LLP and attorney Prema Roddam asked to withdraw as counsel for defendant Okaya, Inc. The court explained that a corporation cannot defend itself through a nonlawyer.
The court gave Okaya until June 30, 2021, to retain a new attorney and have that attorney formally appear. It postponed deciding Chugh’s withdrawal request until that date, or until new counsel appeared sooner. The court also said it would consider Talon’s request for a default judgment against Okaya if Okaya remained unrepresented.
Judge Paul A. Engelmayer ordered Chugh to promptly serve Okaya with the order and then file a sworn declaration or affidavit stating when and how service was made. The order did not itself enter a default judgment or grant Chugh’s withdrawal request.
The detailed version
- Talon Professional Services, LLC v. Centerlight Health System Inc. · No. 1:20-cv-00078
- Paul Engelmayer
- June 9, 2021
Background
Chugh, LLP and attorney Prema Roddam, together referred to as “Chugh,” moved to withdraw as counsel of record for defendant Okaya, Inc. The court stated that a nonlawyer cannot represent a separate legal entity such as a corporation. Because Okaya is a corporation, the court said it could not continue defending the lawsuit unless it obtained new counsel.
Order
The court gave Okaya three weeks—until June 30, 2021—to retain a new attorney and have that attorney formally appear for Okaya. The court held Chugh’s motion to withdraw in abeyance, meaning it postponed a decision on that motion. The court said it expected to grant the motion after June 30, 2021, and would do so sooner if replacement counsel appeared for Okaya before then.
If Okaya remained unrepresented after June 30, 2021, the court said it would entertain a motion by Talon for entry of a default judgment against Okaya based on its failure to defend the lawsuit. The order did not enter default judgment and did not grant Chugh’s withdrawal motion.
Service Requirement
Chugh was directed to serve Okaya with a copy of the order promptly. After service, Chugh was required to file a sworn declaration or affidavit on the docket confirming that service occurred and specifying the dates and methods of service.
Ruling
Judge Paul A. Engelmayer postponed the decision on Chugh’s withdrawal motion, gave Okaya until June 30, 2021, to obtain counsel, and imposed the service-and-documentation requirements described above.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.