Rachves Estates, LLC v. Durabuilt Homes, LLC
- Andrew Krause
- 7:22-cv-03751
- U.S. District Court · Southern District of New York
- 2
In Rachves Estates v. Durabuilt Homes, Judge Krause scheduled a conference about counsel’s request to withdraw and warned of possible sanctions.
Durabuilt Homes, LLC, its counsel, and a Durabuilt representative required to attend the scheduled conference.
What happened
Rachves Estates, LLC sued Durabuilt Homes, LLC. Durabuilt’s lawyer asked the court for permission to withdraw, but this order does not decide that request.
The court scheduled an in-person conference for June 2, 2023, and ordered a Durabuilt representative familiar with the case to attend. The court warned that failing to appear could lead to sanctions, including paying the attorneys’ fees incurred by counsel who attend.
Judge Andrew E. Krause also stated that Durabuilt, as a company, cannot represent itself without a lawyer. If the withdrawal request is granted, Durabuilt must retain new counsel or may face a default judgment. Counsel must serve the order on Durabuilt through its CEO, Jon Stouffer, and file proof of service.
The detailed version
- Rachves Estates, LLC v. Durabuilt Homes, LLC · No. 7:22-cv-03751
- Andrew Krause
- May 24, 2023
Background
Counsel of record for Defendant Durabuilt Homes, LLC filed a motion to withdraw as counsel. The order addresses arrangements for a conference about issues raised by that motion; it does not state that the court granted or denied the motion.
Court’s Order
The court scheduled an in-person conference for Friday, June 2, 2023, at 3:00 p.m. in Courtroom 250 at the Charles L. Brieant Jr. Federal Building and Courthouse in White Plains, New York. A Durabuilt representative with knowledge of the case must appear in person.
The court warned that failing to appear may result in sanctions, including payment of the attorney’s fees for all counsel appearing at the conference. It also stated that a company may not appear without a lawyer. If the motion to withdraw is granted, Durabuilt will be required to retain new counsel or face the possibility of a default judgment.
Service Requirement
Durabuilt’s counsel must promptly serve a copy of the order on Durabuilt through CEO Jon Stouffer by U.S. mail and email. Counsel must file proof of service on the docket by May 30, 2023.
Disposition
The court issued a scheduling order and set the conference. The opinion does not resolve the motion to withdraw as counsel.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.