Anderson et al v. River Greene Construction Group, LLC
| Luis Anderson and Luis Alvarez |
| River Greene Construction Group, LLC and John Does 1-25 |
| 1:2016cv03684 |
| May 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
111
MEMORANDUM OPINION AND ORDER re: 109 FIRST MOTION for Jacob Aronauer to Withdraw as Attorney, filed by Luis Anderson, 94 FIRST LETTER MOTION for Conference Sanctions in the form of preclusion addressed to Judge Jesse M. Furman f rom Jacob Aronauer dated July 5, 2017, filed by Luis Alvarez. Counsel's motion is easily DENIED. Although counsel may well have "satisfactory reasons" for withdrawal, see, e.g., Blue Angel Films, 2011 WL 672245, at *1-2, that i s a necessary, but not sufficient, basis for withdrawal. A court must "also consider whether the prosecution of the suit is likely to be disrupted by the withdrawal of counsel." Id. at *2 (emphasis added) (brackets and internal quota tion marks omitted). Here, granting counsel's motion would plainly "disrupt and delay" the proceedings, as the case is ready for trial. Id. It is true, as counsel notes, that "no trial date has been set." (Withdrawal M em. 4). But that is only because the Court refrained from taking any action on the case, at the parties' request, to facilitate settlement of Alvarez's claims. Counsel and Anderson shall appear for the beginning of trial on August 3, 2017, at 3:00 p.m. If Anderson appears, he will be subject to cross-examination (having already submitted his direct testimony by affidavit), and the Court will discuss with counsel the schedule for the remainder of trial and other trial-related issu es. If Anderson does not appear, his direct testimony will be stricken and the Court will dismiss his case for want of proof and/or lack of prosecution. In either case, no later than August 1, 2017, Plaintiffs' counsel shall file letter updat ing the Court about Anderson's situation; in the event he has not made contact with Anderson by that date, counsel shall also file an affidavit detailing, with specificity, his efforts to get in touch with Anderson since March 31, 2017. Acco rdingly, Plaintiffs' counsel's motion to withdraw is DENIED. Plaintiffs' counsel is ORDERED to serve a copy of this Memorandum Opinion and Order on Anderson and to include details of that service in the affidavit to be filed by August 1, 2017, in the event that he has not made contact with Anderson by that date, and as further set forth herein. The Clerk of Court is directed to terminate Docket Nos. 94 and 109. (Trial set for 8/3/2017 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/19/2017) (ras)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
