Opinion
02 Civ. 3138 (LTS) (AJP)
October 15, 2002
OPINION ORDER
By motion dated October 4, 2002, counsel for defendant Eastern Motor Freight, Inc. seeks leave to withdraw as counsel based on defendant's failure to pay his fees. (Dkt. No. 18.) Defendant was served with the motion but has not responded.
"It is well-settled that non-payment of fees is a valid basis for the Court to grant counsel's motion to withdraw, especially when the motion is not opposed." Promotica of America, Inc. v. Johnson Grossfield, Inc., 98 Civ. 7414, 2000 WL 424184 at *1 (S.D.N.Y. Apr. 18, 2000) (Peck, M.J.) (quotations omitted) (citing cases).
Defendant is a corporation, and corporations can only appear by counsel. Id. at *2 (citing cases). Defendant, therefore, is to retain new counsel, who shall file a notice of appearance by November 8, 2002. If defendant does not do so, the Court will grant judgment for plaintiff on default. (If new counsel for defendant does not appear by November 8, 2002, plaintiff should move for a default judgment.)
This does not excuse defendant from complying with its discovery obligations. The Court also notes that it is not likely to extend the December 31, 2002 discovery deadline for defendant (but will do so for plaintiff if defendant's non-compliance with discovery obligations makes that necessary).
The October 18, 2002 conference is adjourned.
Mr. Spector is to fax this Order to defendant and file an affidavit of service with the Court.