Reich v. Casabella Contracting of NY, Inc.
- Andrew Krause
- 7:21-cv-09327
- U.S. District Court · Southern District of New York
- 2
In Reich v. Casabella Landscaping, Judge Krause granted counsel’s withdrawal motion and ordered the company to retain new counsel or risk default judgment.
Casabella Landscaping of NY, Inc. must retain new counsel or seek an extension by June 1, 2023, and may face a motion for default judgment if it does not do so. Mackey Butts & Whalen, LLP was permitted to withdraw and had to serve the order and file proof of service.
What happened
Reich v. Casabella Landscaping of NY, Inc. concerned Mackey Butts & Whalen, LLP’s renewed request to withdraw as counsel for Casabella Landscaping. The request was not opposed.
The court found that counsel had shown satisfactory reasons for withdrawing and granted the motion at an April 21, 2023 conference. The court also stayed all proceedings until June 1, 2023, and required the company to retain new counsel or request more time.
Judge Andrew E. Krause warned that Casabella Landscaping could face a motion for default judgment if it did not meet the deadline. He also ordered service of the order, scheduled a June 8 status conference, and directed the Clerk to terminate the withdrawing firm’s appearance.
The detailed version
- Reich v. Casabella Contracting of NY, Inc. · No. 7:21-cv-09327
- Andrew Krause
- Apr. 21, 2023
Background
Mackey Butts & Whalen, LLP filed a renewed motion to withdraw as counsel for Defendant Casabella Landscaping of NY, Inc. The motion was unopposed. The firm also asserted a lien for unpaid attorney’s fees and expenses.
Ruling
At an April 21, 2023 conference, the Court determined that counsel had shown satisfactory reasons for withdrawal and granted the motion on the record. The Clerk was directed to terminate Mackey Butts & Whalen, LLP’s appearance as counsel for Casabella Landscaping effective April 21, 2023.
The Court stated that a corporate entity may not appear without counsel. Casabella Landscaping was required, by June 1, 2023, either to retain new counsel or seek an extension of time. All proceedings were stayed until that date. New counsel was required to promptly file a notice of appearance.
If no new notice of appearance was filed and Casabella Landscaping had not sought an extension by June 1, the Court said it would consider allowing the Plaintiffs to file a motion for entry of a default judgment against the company. The withdrawing firm was ordered to serve the order on Casabella Landscaping by text message, email, and U.S. mail by April 28, 2023, and file proof of service. The Court also scheduled a telephonic status conference for June 8, 2023, at 11:00 a.m.
Effect of the Order
This order addressed counsel’s withdrawal and Casabella Landscaping’s obligation to obtain replacement counsel. It did not state a ruling on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.