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S.D.N.Y.Procedural orderFiled May 12, 2023

Maldonado Rosete v. Aangan of India LLC

Judge
Sarah Cave
Docket
1:20-cv-09598
Court
U.S. District Court · Southern District of New York
Pages
3
Civil Procedure
In one sentence

In Maldonado Rosete v. Aangan of India LLC, Judge Cave granted counsel’s request to withdraw from representing Eligio Candido.

Who this affects

The ruling directly affects Plaintiff Eligio Candido and his former counsel, CSM Legal P.C. CSM is no longer Candido’s counsel, and Candido must notify the court whether he will obtain another lawyer or proceed without one. The order also concerns the timing of the plaintiffs’ damages submission.

What happened

In Maldonado Rosete v. Aangan of India LLC, attorney CSM Legal P.C. asked to stop representing Plaintiff Eligio Candido after saying he had stopped communicating with the firm. The firm served Candido with the request.

The court ordered Candido to respond by April 24, 2023, and warned that failing to do so could lead to a recommendation that his claims be dismissed for failing to prosecute the case. Candido did not respond, communicate with the court, or comply with that order.

Judge Sarah L. Cave granted the request to withdraw. She ordered Candido to tell the court by June 16, 2023, whether he would obtain another lawyer or continue without one, and warned that failing to comply could lead to a recommendation to dismiss his claims. The order did not itself dismiss his claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Maldonado Rosete v. Aangan of India LLC · No. 1:20-cv-09598
Judge
Sarah Cave
Date
May 12, 2023

Background

CSM Legal P.C. asked permission to withdraw as counsel for Plaintiff Eligio Candido. In a declaration, CSM attorney Ramsha Ansari stated that Candido had stopped communicating with CSM, making it impossible for the firm to diligently represent him. CSM served Candido with the motion.

Plaintiffs also requested more time to file proposed findings of fact and conclusions of law concerning damages as to several defendants. The court granted that extension request on April 10, 2023, and ordered Candido to respond to CSM’s withdrawal motion by April 24, 2023. The court warned that failure to comply could result in a recommendation that his claims be dismissed for failing to prosecute the case. CSM served Candido with that order.

Court’s Ruling

Candido did not respond to the motion, comply with the April 10 order, or otherwise communicate with the court. The court therefore granted CSM’s motion to withdraw and directed the clerk to terminate CSM as Candido’s counsel.

By June 16, 2023, Candido must notify the court whether he intends to obtain legal representation or proceed without a lawyer. The court stated that he may satisfy this requirement by filing the damages submission. It warned that failure to comply will result in a recommendation of dismissal of his claims for failure to prosecute; the order itself did not dismiss those claims. The court also directed CSM to serve Candido with the order and file proof of service, and advised him to notify the court promptly if the mailing address provided by CSM is not current. A separate order will set the deadline for the other plaintiffs’ damages submission.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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