Castillo v. Z Deli Grocery V Corp
- George Daniels
- 1:21-cv-01744
- U.S. District Court · Southern District of New York
- 2
In Castillo v. Z Deli Grocery, Judge Willis granted defense counsel’s withdrawal motion and set February 3, 2023 deadlines for replacement counsel or self-representation.
The order directly affected Z Deli Grocery V Corp. d/b/a Z Grill, which had to obtain a lawyer; Ali Esmael Ziad and Mohammed Ziad, who had to obtain counsel or appear without counsel; Michael Chong, who had to send the order and notice; and Enrique Castillo, who could seek a default judgment if the defendants failed to participate as ordered.
What happened
In Castillo v. Z Deli Grocery, the defendants’ lawyer asked the court for permission to withdraw during a January 13, 2023 conference. The opinion does not state the reason for the request.
The court granted the withdrawal motion. Z Deli Grocery V Corp., doing business as Z Grill, had to obtain a new lawyer by February 3, 2023. Ali Esmael Ziad and Mohammed Ziad had to obtain new counsel or appear without lawyers by that date. The court also required a trial-readiness letter and postponed all other deadlines and the trial indefinitely.
Judge Jennifer E. Willis warned that the plaintiff could seek a default judgment if Z Grill did not obtain counsel or if the individual defendants failed to participate without lawyers. The order also required former counsel Michael Chong to send the order and the self-representation notice to the defendants.
The detailed version
- Castillo v. Z Deli Grocery V Corp · No. 1:21-cv-01744
- George Daniels
- Jan. 13, 2023
Background
During a January 13, 2023 conference, counsel for the defendants moved to withdraw. The opinion gives no reason for the requested withdrawal.
Court’s Rulings and Deadlines
The court granted the motion to withdraw. It ordered Z Deli Grocery V Corp. d/b/a Z Grill, a corporation, to obtain new counsel by February 3, 2023. The two individual defendants, Ali Esmael Ziad and Mohammed Ziad, were required either to obtain new counsel or to appear without counsel by the same date. If they chose to appear without counsel, they had to complete and email the court’s Notice of Pro Se Appearance form.
By February 3, 2023, Z Grill’s new counsel, the individual defendants if appearing without counsel, or the individual defendants’ new counsel also had to file a letter stating when they expected to be ready for trial. The court stated that, if Z Grill proceeded without counsel or the individual defendants failed to participate without counsel, the plaintiff could take steps to seek a default judgment. A default judgment is a judgment entered when a party fails to defend or participate as required.
The court required the defendants’ former lawyer, Michael Chong, to email the order and the notice to the defendants and to receive a physical address for mailing hard copies. All other deadlines and the trial were adjourned indefinitely, without new dates.
Nature of the Order
This was a case-management and representation order. It did not decide the underlying claims or defenses. Judge Jennifer E. Willis issued the order as a United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.