Bueno v. Buzinover

Background

Borelli & Associates ("B&A") asked to withdraw as counsel for all plaintiffs, or alternatively to withdraw as counsel for Amada Reynoso. B&A did not claim a retaining or charging lien. The underlying complaint asserted claims under the Fair Labor Standards Act and New York Labor Law.

The opinion states that a prior order dismissed with prejudice all claims against Alla B. Buzinover; dismissed with prejudice most claims against Yan Feldman, except those brought by Rafael Bueno and David Rivera; and dismissed without prejudice most claims against Allcity Medical, P.C., Hispanic Medical Health, P.C., and K. Zark Medical, P.C., except claims brought by Bueno and Rivera. The plaintiffs were given time to amend, but no amended complaint was filed by the deadline or as of the date of this order.

The court stated that the remaining plaintiffs were Bueno, David Rivera, Reynoso, Vieri Molina, and Vanesa Williams. The remaining claims were Bueno and Rivera’s claims against Feldman, Allcity, Hispanic Medical Health, and K. Zark Medical, and the claims of all five remaining plaintiffs against Konstantinos Zarkadas. Discovery had not begun.

Request to Withdraw for All Plaintiffs

Under Local Civil Rule 1.4, counsel who has appeared for a party may withdraw only with the court’s permission and a satisfactory reason. B&A argued that a conflict existed because Bueno and Rivera allegedly intended to take a position about their employment relationship with Allcity that differed from the position of the other plaintiffs. The court rejected that argument because the other plaintiffs no longer had claims against Allcity.

B&A also argued that a conflict existed in settlement discussions because defendants would settle with Bueno and Rivera only if the other plaintiffs abandoned their claims. The court found no conflict on that basis because the other plaintiffs’ remaining claims were against Zarkadas, who had not appeared and was not represented by counsel for the appearing defendants. The appearing defendants therefore could no longer use those claims as a bargaining tool in settlement discussions with Bueno and Rivera.

The court denied B&A’s motion to withdraw as counsel for all plaintiffs.

Request to Withdraw for Reynoso

The court found that Reynoso’s failure to communicate with B&A or respond to repeated contact attempts was a satisfactory reason for withdrawal. The court also found that withdrawal would not meaningfully delay the case because Reynoso’s only claims were against Zarkadas, who had not appeared, and discovery had not begun.

The court allowed B&A to withdraw as counsel for Reynoso. B&A was ordered to send Reynoso the order and tell her that she had to provide contact information to the court. Reynoso was ordered to file a letter by June 22, 2023, stating whether she had obtained or planned to obtain new counsel or would proceed without a lawyer. The court warned that failing to file the letter could result in dismissal of her claims for failure to prosecute. The remaining parties were directed to attend a June 29 case-management conference concerning discovery and settlement, and Reynoso or her new counsel was required to attend.