Johnson v. Tennyson
- Jesse Furman
- 1:22-cv-05683
- U.S. District Court · Southern District of New York
- 1
In Johnson v. Tennyson, Judge Furman set procedures for counsel’s withdrawal motion and adjourned the initial pretrial conference.
Defense counsel Evan W. Talley; defendants Ray Tennyson, Ray Tennyson LLC, and Amazing Paint Party LLC; plaintiff Eric Johnson.
What happened
In Johnson v. Tennyson, defense lawyer Evan W. Talley filed a motion to withdraw as the defendants’ lawyer on September 21, 2022.
The court ordered counsel to serve the motion and this Order on the defendants by September 23 and file proof of service by September 26. Any opposition was due September 29, and any reply was due October 4. Until the court grants the motion, Talley remains the lawyer officially representing the defendants. The court also warned that Ray Tennyson LLC and Amazing Paint Party LLC must appear through a lawyer and that default judgment may be entered against them if new counsel does not appear.
Judge Jesse M. Furman adjourned the initial pretrial conference from October 3 to November 7, 2022, at 3:15 p.m. The order did not decide the motion to withdraw.
The detailed version
- Johnson v. Tennyson · No. 1:22-cv-05683
- Jesse Furman
- Sept. 22, 2022
Background
On September 21, 2022, Evan W. Talley, counsel for the defendants, filed a motion to withdraw as their counsel. The order addresses service of that motion, deadlines for responding to it, the defendants’ representation, and the initial pretrial conference.
Court’s directives
The court ordered that, by September 23, defense counsel serve the defendants with:
- the motion to withdraw and any supporting documents; and - a copy of the order.
Counsel had to file proof of service on the docket by September 26. Any opposition from the plaintiff or defendants was due by September 29, and any reply was due by October 4.
The court stated that, unless and until it grants the motion, Evan Talley remains counsel of record and the case must proceed as scheduled. If the defendants had obtained new counsel, that lawyer was directed to promptly file a notice of appearance.
The court also warned that a corporate entity, including a limited liability company, may appear in federal court only through counsel. It specifically identified Ray Tennyson LLC and Amazing Paint Party LLC and warned that default judgment may be entered against them if new counsel fails to appear for them.
Pretrial conference and effect of the order
The court adjourned the initial pretrial conference from October 3, 2022, to November 7, 2022, at 3:15 p.m. This order set procedures for the pending withdrawal motion but did not decide that motion or the underlying dispute. Judge Jesse M. Furman signed the order on September 22, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.