Monge v. Johnny B'S Realty, LLC
- John Cronan
- 1:21-cv-07664
- U.S. District Court · Southern District of New York
- 1
In Monge v. Johnny B'S Realty, Judge Cronan let counsel withdraw, ordered Rugo LLC to hire counsel, and set reporting deadlines.
Kevin Scott Johnson, Defendant Rugo LLC, Defendant Johnny B’s Realty, and the parties to the case were affected by the withdrawal, counsel requirement, and case-status deadlines.
What happened
In Monge v. Johnny B'S Realty, the court granted Kevin Scott Johnson’s motion to withdraw as counsel and directed the clerk to remove him from the case.
The court ordered Rugo LLC to retain new counsel by December 11, 2022, warning that failing to do so may result in a default judgment. The parties also had to submit a joint update about settlement discussions and any remaining discovery by December 15, 2022.
Judge Cronan also directed the parties to submit a revised case-management plan if discovery remained and said Johnny B’s Realty LLC should join the update if it was served and appeared. The order did not decide the underlying claims.
The detailed version
- Monge v. Johnny B'S Realty, LLC · No. 1:21-cv-07664
- John Cronan
- Nov. 14, 2022
Background
The opinion concerns Kevin Scott Johnson’s request to withdraw as counsel. The court referred to reasons discussed at a November 9, 2022 hearing but did not state those reasons in the written order.
Court’s Order
The court granted Johnson’s motion to withdraw as counsel. It directed the Clerk of Court to terminate Johnson as counsel in the matter and close Docket Number 74.
The court ordered Defendant Rugo LLC to retain new counsel by December 11, 2022. Citing the rule that a corporation may appear in federal court only through licensed counsel, the court warned that failure to retain counsel may result in a default judgment against the defendant.
The court also ordered the parties to submit a joint status letter by December 15, 2022, addressing settlement discussions and any remaining discovery. If discovery remained, the parties were directed to submit a revised case-management plan. The court stated that Johnny B’s Realty LLC should also join the status letter if it was served and appeared in the matter.
Disposition
Judge John P. Cronan granted the motion to withdraw, terminated the withdrawing attorney as counsel, imposed the deadlines and representation requirement described above, and did not rule on the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.