Ahiskaliouglu v. Knights of Columbus, Inc.
| Erdal Ahiskaliouglu |
| Knights of Columbus, Inc. |
| 3:2019cv00422 |
| March 20, 2019 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. ยง 2612 |
| Plaintiff |
Docket Report
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Filing 14
ELECTRONIC ORDER. The deadline established in the Court's previous Order has passed without action by Plaintiff. See Doc. 13 . Plaintiff is hereby warned that continued failure to obtain alternative representation or file a pro seappearance by July 30, 2019 may result in dismissal of the case for failure to prosecute. Signed by Judge Charles S. Haight, Jr. on 07/02/2019. (Chen, C.)
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Filing 13
ELECTRONIC ORDER granting Plaintiff's Counsel's #12 Motion to Withdraw Appearance. D. Conn. L. Civ. R. 7(e) permits withdrawal of counsel for "good cause" in "cases where the party has failed to engage other counsel or file a personal appearance." Plaintiff's Counsel represents there is good cause due to plaintiff's failure to communicate with Counsel, making representation "unreasonably difficult" under Rule 1.16(b)(5) of the Rules of Professional Conduct. Doc. #12 at 1, 2. While this Court has before denied a motion for withdrawal where the party was uncommunicative, it was due to the motion having been filed on the eve of trial. See Vachula v. Gen. Elec. Capital Corp., 199 F.R.D. 454, 458 (D. Conn. 2000). Other courts in the circuit have granted such motions where communications between client and counsel have broken down, meeting an analogous standard of "satisfactory reason." See Blue Angel Films, Ltd. v. First Look Studios, Inc., No. 08 Civ 6469(DAB)(JCF), 2011 WL 672245 (S.D.N.Y. Feb. 17, 2011); Diarama Trading Co. v. J. Walter Thompson U.S.A., Inc., No. 01 Civ. 2950, 2005 WL 1963945, at *1 (S.D.N.Y. Aug. 15, 2005) ("'Satisfactory reasons' include failure to pay legal fees, a client's lack of cooperation-including lack of communication with counsel, and 'the existence of an irreconcilable conflict between attorney and client.'" (citations omitted)). Here, litigation remains at the early stages, and Counsel represents a breakdown of communication with Plaintiff. The Court finds this constitutes "good cause" for withdrawal and that Counsel has provided the requisite notice. Accordingly, this Court GRANTS Attorneys Megan L. Michaud and Emanuele R. Cicchiello's #12 Motion to Withdraw Appearance on behalf of Plaintiff and STAYS all deadlines in this case. Plaintiff is directed to obtain alternative representative or file a pro se appearance on or before June 25, 2019. Plaintiff's outgoing Counsel shall immediately deliver a copy of this Order to Plaintiff. Signed by Judge Charles S. Haight, Jr. on 05/28/2019. (Chen, C.)
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| Filing 12 MOTION for Megan L. Michaud & Emanuele R. Cicchiello to Withdraw as Attorney by Erdal Ahiskaliouglu. (Michaud, Megan) |
| Set Deadlines/Hearings: Amended Pleadings due by plaintiff due 5/15/2019; Amended Pleadings by defendant due 6/15/2019; Discovery due by 2/15/2020; Dispositive Motions due by 4/15/2020; Joint Trial Memorandum due by 5/15/2020; Trial Ready Date 6/29/2020. (Freberg, B) |
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Filing 11
ELECTRONIC SCHEDULING ORDER. The Court has reviewed the parties' #10 Rule 26(f) Report of Parties' Planning Meeting, which is hereby APPROVED AS MODIFIED. Accordingly, the deadlines are established as follows. The parties' initial disclosures must be made on or before May 6, 2019. The Plaintiff has until May 15, 2019 to amend the pleadings and join additional parties. The Defendant has until June 15, 2019 to amend the pleadings and join additional parties. A damages analysis will be provided by any party who has a claim or counterclaim for damages by June 1, 2019. For any issues on which a party bears the burden of proof, all expert witnesses will be designated and the relevant expert reports provided to opposing counsel on or before December 15, 2019. For any issues on which it does not bear the burden of proof, all expert witnesses will be designated and the relevant expert reports provided to opposing counsel on or before December 31, 2019. All discovery, including all fact and expert witness depositions, shall be completed by February 15, 2020. Dispositive motions must be filed on or before April 15, 2020. The parties' joint trial memorandum required by the Standing Order on Trial Memoranda in Civil Cases is due on or before May 15, 2020, or within sixty (60) days after the Court rules on the last-filed dispositive motion, whichever is later. The case will be trial ready on June 29, 2020, or within forty-five (45) days after the joint trial memorandum is filed, whichever is later. Signed by Judge Charles S. Haight, Jr. on April 15, 2019. (Ghosh, R.)
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| Filing 10 REPORT of Rule 26(f) Planning Meeting. (Michaud, Megan) |
| Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Notice of Appearance filed by Knights of Columbus, Inc., #7 Electronic Filing Order, #6 Order on Pretrial Deadlines, #4 Jury Demand filed by Erdal Ahiskaliouglu, #1 Notice of Removal, filed by Knights of Columbus, Inc., #5 Notice of Appearance filed by Erdal Ahiskaliouglu, #3 Notice of Appearance filed by Erdal Ahiskaliouglu Signed by Clerk on 3/21/2019. (Attachments: #1 Standing Order on Removals)(Reis, Julia) |
| Filing 5 NOTICE of Appearance by Emanuele Robert Cicchiello on behalf of Erdal Ahiskaliouglu (Cicchiello, Emanuele) |
| Filing 4 DEMAND for Trial by Jury by Erdal Ahiskaliouglu. (Michaud, Megan) |
| Filing 3 NOTICE of Appearance by Megan Leigh Michaud on behalf of Erdal Ahiskaliouglu (Michaud, Megan) |
| Filing 2 NOTICE of Appearance by David A. Ryan, Jr on behalf of Knights of Columbus, Inc. (Ryan, David) |
| Filing 1 NOTICE OF REMOVAL by Knights of Columbus, Inc. from New Haven Judicial District at New Haven, case number NNH-CV19-6089586-S. Filing fee $ 400 receipt number ACTDC-5202135, filed by Knights of Columbus, Inc.. (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Removal Statement, #3 Exhibit Notice of Pending Motions, #4 Exhibit Appearance - Eric Desmond, #5 Exhibit Notice of Removal Standing Order)(Desmond, Eric) |
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| Plaintiff: Erdal Ahiskaliouglu | |
| Represented By: | Megan Leigh Michaud |
| Represented By: | Emanuele Robert Cicchiello |
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| Defendant: Knights of Columbus, Inc. | |
| Represented By: | Eric M. Desmond |
| Represented By: | David A. Ryan, Jr. |
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