Thani A.T. Al Thani v. Hanke
- John Cronan
- 1:20-cv-04765
- U.S. District Court · Southern District of New York
- 3
In Al Thani v. Hanke and Stevens v. Hanke, Judge Cronan granted counsel’s withdrawal requests and required Guarantee Investment Trust to hire a lawyer.
Sherry Sims and Guarantee Investment Trust were directly affected: Mr. Dweck was permitted to withdraw, Sims could proceed without a lawyer, and the trust was required to retain new counsel. The plaintiffs were affected by the ruling on the representation issue but did not oppose the motions.
What happened
In Mohammed Thani A.T. Al Thani v. Hanke and Martin John Stevens v. Hanke, attorney Jeffrey S. Dweck asked to stop representing Sherry Sims and Guarantee Investment Trust. The plaintiffs did not oppose the requests, and no party filed an opposition.
The court granted Mr. Dweck’s requests to withdraw. It said Sims could represent herself if she chose, but Guarantee Investment Trust could not do so and had to retain new counsel.
Judge Cronan ordered Guarantee Investment Trust to secure a lawyer by July 7, 2022, warning that failing to do so could lead to a default judgment. He also directed Mr. Dweck to serve the order and directed the clerk to close one pending letter motion.
The detailed version
- Thani A.T. Al Thani v. Hanke · No. 1:20-cv-04765
- John Cronan
- June 16, 2022
Background
Jeffrey S. Dweck, counsel for Defendant Sherry Sims in both actions and for Defendant Guarantee Investment Trust in the second action, filed renewed motions to withdraw as counsel. The plaintiffs did not oppose the requests, and no party filed an opposition by the deadline.
Ruling
The court granted Mr. Dweck’s requests to withdraw as counsel for Sims and Guarantee Investment Trust. The court explained that Sims could proceed without a lawyer if she chose. Guarantee Investment Trust, however, could not represent itself without counsel. The court cited the rule that a business entity cannot appear without a lawyer and authorities stating that a non-lawyer trustee cannot represent a trust in court.
Next steps and other orders
The court ordered Guarantee Investment Trust to secure new counsel by July 7, 2022. It warned that failure to do so may result in entry of a default judgment. If new counsel had already been retained, that counsel was directed to promptly file a notice of appearance in the consolidated actions. Mr. Dweck had to serve the order on Sims and Guarantee Investment Trust and file proof of service by June 21, 2022. The clerk was directed to close the letter motion pending at No. 20 Civ. 8181, Dkt. 127.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.