City of New York v. Arm Or Ally, LLC
- Jesse Furman
- 1:22-cv-05525
- U.S. District Court · Southern District of New York
- 1
In City of New York v. Arm Or Ally, LLC, Judge Furman ordered service and briefing on counsel’s withdrawal motion while discovery continued.
Indie Guns, LLC, Christian W. Waugh, and the parties involved in the case’s ongoing discovery.
What happened
In City of New York v. Arm Or Ally, LLC, counsel for Indie Guns, LLC, Christian W. Waugh, asked to withdraw as the company’s lawyer.
The court ordered Mr. Waugh to serve the motion’s supporting documents and this order on Indie Guns by December 13, 2022, and to file proof of service by December 16. Any opposition was due December 16, and any reply was due December 21.
The court did not grant or deny the withdrawal motion. Judge Furman stated that Mr. Waugh remained counsel of record and discovery would continue as scheduled unless the court granted the motion. The court also warned that Indie Guns must appear through a lawyer and that a default judgment may be entered if Mr. Waugh withdraws and no new lawyer appears.
The detailed version
- City of New York v. Arm Or Ally, LLC · No. 1:22-cv-05525
- Jesse Furman
- Dec. 9, 2022
Background
On December 8, 2022, Christian W. Waugh, counsel for Indie Guns, LLC, filed a motion to withdraw as the company’s counsel. The order cites Southern District of New York Local Rule 1.4 concerning the withdrawal process.
Court’s directives
The court ordered Mr. Waugh to serve the motion’s supporting documents, if he had not already done so, and a copy of the order on Indie Guns by December 13, 2022. He had to file proof of service on the docket by December 16, 2022. Any opposition to the motion, from Indie Guns or another party, was due December 16, and any reply was due December 21.
Effect of the order
The court did not grant or deny the motion to withdraw. Unless and until the court granted it, Mr. Waugh remained counsel of record for Indie Guns, and discovery was to proceed as scheduled. If Indie Guns had obtained new counsel, that lawyer was directed to promptly file a notice of appearance.
Warning to Indie Guns
The court cautioned that a corporate entity may appear in federal court only through counsel. It stated that if the court granted Mr. Waugh’s motion and new counsel failed to appear for Indie Guns, the court might enter default judgment against the company.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.