Franco v. American Airlines, Inc.

Background

The case was removed from New York state court on July 9, 2021. On September 3, 2021, Justin Franco, identified as American Airlines’ former employee, filed claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged that American Airlines failed to provide a workplace free from discrimination, retaliation, and harassment.

Discovery had largely been completed. The court had extended discovery for a third time to October 21, 2022, for specified depositions and document production. The court then stayed discovery while deciding whether Franco’s counsel could withdraw.

Motion to Withdraw

Susan Kaplan and Robert Rambadadt moved to withdraw as Franco’s counsel. Under Southern District of New York Local Civil Rule 1.4, counsel may withdraw only with the court’s permission and must show satisfactory reasons, considering the posture of the case. The opinion states that satisfactory reasons can include failure to pay legal fees, lack of client cooperation or communication, and an irreconcilable attorney-client conflict. The court may also consider whether the motion is opposed and whether withdrawal would disrupt the case.

Counsel stated in a sworn declaration that their communications with Franco had deteriorated from non-communication to no communication and that Franco’s exchanges and actions had made it unreasonably difficult for them to represent him effectively. The court found that declaration sufficient to support withdrawal. It also noted that the case was at the end of discovery, was not close to trial, and had no pending motions other than the withdrawal motion.

Ruling and Case Schedule

The court granted the motion to withdraw. It extended discovery until December 15, 2022, so American Airlines could depose Dr. Haber and Mr. Soogrim. Because counsel had difficulty scheduling depositions before filing the withdrawal motion, Franco could also depose Ms. Coplin and Ms. Thomas during the extended discovery period.

American Airlines could ask to reopen discovery concerning testimony from its depositions of Dr. Haber and Mr. Soogrim after Franco obtained new counsel or filed an appearance without a lawyer. Franco was required to obtain new counsel or file an appearance without a lawyer by November 15, 2022. The court also set January 9, 2023, as the deadline for letters seeking permission to file post-discovery dispositive motions, with opposition letters due January 12, 2023. Judge Jennifer E. Willis directed the clerk to close docket numbers 49 and 50.