Housing Rights Initiative v. Compass, Inc.
- Sidney Stein
- 1:21-cv-02221
- U.S. District Court · Southern District of New York
- 2
In Housing Rights Initiative v. Compass, Judge Moses granted an extension and counsel’s withdrawal, stayed the case against Winzone, and postponed discovery proceedings.
Winzone Realty Inc. and its attorney, Victor Tsai, were directly affected. Housing Rights Initiative could seek renewed consideration of its discovery motion and could begin default proceedings if Winzone did not obtain new counsel by April 4, 2024.
What happened
In Housing Rights Initiative v. Compass, the court addressed the plaintiff’s motion to compel Winzone Realty Inc. to respond to discovery, attorney Victor Tsai’s request to withdraw as Winzone’s counsel, and the plaintiff’s request to extend discovery deadlines. The court had already granted the extension request.
Winzone consented to Tsai’s withdrawal through its owner, Xiao Feng Pan. The court granted the withdrawal motion and postponed the motion to compel indefinitely. The withdrawal would become effective after Tsai served the order on Pan and filed proof of service. The court did not grant a charging lien.
Judge Barbara Moses stayed the action against Winzone for 30 days so it could retain new counsel. New counsel had to file a notice of appearance by April 4, 2024; otherwise, the plaintiff could begin default proceedings. If Winzone did not satisfactorily arrange to meet its outstanding discovery duties within seven days after new counsel appeared, the plaintiff could ask to put the motion to compel back on the court’s calendar.
The detailed version
- Housing Rights Initiative v. Compass, Inc. · No. 1:21-cv-02221
- Sidney Stein
- Mar. 5, 2024
Proceedings and Motions
The court held a videoconference about three matters: (1) Housing Rights Initiative’s motion to compel defendant Winzone Realty Inc. to respond to discovery demands; (2) attorney Victor Tsai’s motion to withdraw as Winzone’s counsel; and (3) Housing Rights Initiative’s unopposed request to extend discovery deadlines. The opinion states that the extension request had already been granted in a prior order.
Part of the conference concerning Tsai’s withdrawal occurred privately, with only Tsai and Winzone’s owner, Xiao Feng Pan, attending. Winzone consented to Tsai’s withdrawal through Pan.
Rulings
The court granted Tsai’s motion to withdraw. The withdrawal would take effect after Tsai served a copy of the order on Pan and filed proof of service on the docket. The court stated that counsel had not requested, and the court did not grant, any charging lien.
The court adjourned the motion to compel discovery indefinitely. If Winzone failed to make satisfactory arrangements to comply with its outstanding discovery obligations within seven days after new counsel appeared, Housing Rights Initiative could send a letter asking to place the motion back on the court’s calendar and seek a new conference date.
Because a corporation must appear through licensed counsel, the court stayed the action against Winzone for 30 days to allow it to retain new counsel. Winzone’s new counsel was required to file a notice of appearance by April 4, 2024. If Winzone failed to appear through new counsel by that date, Housing Rights Initiative could commence default proceedings against Winzone.
Transcript
If Winzone or Tsai requested a transcript of the private portion of the conference, the transcript had to be filed under seal at the private-access level, visible only to Winzone and the court, pending further order.
Nature of the Order
This was a procedural order concerning counsel withdrawal, a temporary stay, discovery scheduling, and possible default proceedings. It did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.