Charles v. Pinnacle Too, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX DEXLON CHARLES, on behalf of himself; FLSA : Collective Plaintiffs, and the Class, : : 22-CV-4232 (JMF) Plaintiff, : : ORDER -v- : PINNACLE TOO, LLC, d/b/a PINNACLE ELECTRIC, : et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: On January 9, 2023, counsel for Defendants filed a motion to withdraw as Defendants’ counsel. See ECF No. 38. Any opposition to the motion to withdraw — by Defendants or Plaintiff — shall be filed by January 18, 2023; any reply shall be filed by January 22, 2023.

Unless and until the Court grants the motion, John K. Diviney, Kenneth A. Novikoff, and Greg Eric Mann remain counsel of record and discovery shall proceed as scheduled. Defendants are advised to begin the process of identifying new counsel because, in the event the Court grants the motion to withdraw, it will give Defendants only a limited time to obtain new counsel before deeming the individual defendants to be proceeding pro se (that is, without counsel) and deeming the three entity Defendants to be in default. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007) (holding that a corporate entity may appear in federal court only through counsel); Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (explaining that failure to secure counsel for a corporate entity may result in a default).

If Defendants have secured or secure new counsel, new counsel shall promptly enter a notice of appearance to ensure a smooth transition of counsel in the event that the motion to withdraw is granted.

Defendants’ counsel are directed to serve a copy of this order on Defendants and file proof of service on the docket within two days of this order.

SO ORDERED.

Dated: January 10, 2023 New York, New York ESSE RMAN nited States District Judge