Donoghue v. Gad
- Katherine Failla
- 1:21-cv-07182
- U.S. District Court · Southern District of New York
- 3
In Donoghue v. Gad, Judge Failla allowed Gad’s lawyers to withdraw and granted more time for anticipated summary-judgment motions.
Defendant Thomas Gad, whose attorneys were permitted to withdraw; Plaintiff Dennis J. Donoghue, whose request for an extension was granted; and the parties’ anticipated summary-judgment schedule.
What happened
In Donoghue v. Gad, the court granted the application by Kleinberg, Kaplan, Wolff, and Cohen, P.C. to withdraw as Thomas Gad’s counsel. It also granted Dennis J. Donoghue’s request for an extension concerning his opening summary-judgment motion.
The lawyers said Gad had not paid his legal fees for nine months and owed the firm more than $275,000. The court found that nonpayment supported withdrawal and that allowing the lawyers to leave would not cause undue delay because discovery was finished and summary-judgment briefing had not started.
Judge Katherine Polk Failla gave Gad until August 22, 2023, to obtain new counsel. If new counsel did not appear within that period, Gad could proceed without a lawyer. The court also directed Donoghue to propose a new briefing schedule after new counsel appeared and directed the clerk to remove two attorneys from the docket.
The detailed version
- Donoghue v. Gad · No. 1:21-cv-07182
- Katherine Failla
- June 23, 2023
Background
The court considered two applications: Kleinberg, Kaplan, Wolff, and Cohen, P.C. (KKWC) asked to withdraw as counsel for Defendant Thomas Gad, and Plaintiff Dennis J. Donoghue asked for an extension of time related to his opening motion for summary judgment. The court stated that the opening motion was due that day and that the request was connected to Gad’s representation issue.
Counsel’s Withdrawal
Under Local Civil Rule 1.4, an attorney who has appeared for a party may withdraw only with the court’s permission. Courts consider the reason for withdrawal and the effect of withdrawal on the case’s schedule. The decision is within the court’s discretion.
The court found that the relevant factors supported KKWC’s withdrawal. KKWC stated that Gad had failed to pay legal fees for nine months and owed the firm more than $275,000. The court treated nonpayment of legal fees as a valid basis for withdrawal. It also found that any resulting delay would not be unduly harmful because discovery was complete and summary-judgment briefing had not yet begun.
Rulings and Case Schedule
The court granted KKWC’s application to withdraw. It also granted Donoghue’s motion for an extension of time, without stating in this order a specific new deadline for the opening motion.
Gad was given until August 22, 2023, to obtain new counsel. If new counsel did not file a notice of appearance within that 60-day period, Gad could proceed without a lawyer. Donoghue was ordered to file a letter proposing a new schedule for the parties’ anticipated cross-motions for summary judgment within 14 days after Gad’s new counsel filed a notice of appearance. Donoghue was required to consult opposing counsel before filing the letter.
The clerk was directed to terminate Marc Rosen and Alisa Benintendi as Gad’s counsel on the docket and to terminate the motion listed at docket entry 85.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.