Opinion
15-cv-6594 (NSR)
07-20-2021
MARRI FURK, Plaintiff, v. ORANGE-ULSTER BOCES, Defendant.
MICHAEL D. DIEDERICH, JR. MD2097 Plaintiff's Prior Counsel of Record & Lienholder TO: Bernard Weinreb, Esq. Attorney for Plaintiff Adam Rodd, Esq. Attorney for Defendant
MICHAEL D. DIEDERICH, JR. MD2097 Plaintiff's Prior Counsel of Record & Lienholder
TO: Bernard Weinreb, Esq. Attorney for Plaintiff
Adam Rodd, Esq. Attorney for Defendant
MEMORANDUM ENDORSEMENT
Nelson S. Román, U.S.D.J.
The Court reviewed Plaintiff's former counsel Michael Diederich's (“Diederich”) letters: (1) dated July 1, 2021, seeking to compel disclosure of any settlement or anticipated settlement (ECF No. 90); (2) dated July 13, 2021, requesting permission to make an application to honor Michael Diederich's charging lien, to make a charging lien application, and to restore ECF status (ECF No. 91); and (3) dated July 17, 2021, moving for attorney's fees and for restored ECF status (ECF No. 92).
Diederich's motion to compel (ECF No. 90) is denied as moot. Diederich's motion for permission to move (ECF No. 91) is granted. The Court waives the pre-motion conference requirement and grants Diederich leave to file his proposed charging lien application with the following briefing schedule: Diederich's moving papers shall be served (not filed) on or before August 13, 2021; Plaintiff's opposition papers shall be served (not filed) on or before September 3, 2021; Diederich's reply papers shall be served on or before September 10, 2021. All motion documents shall be filed on the reply date, September 10, 2021. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. Diederich's motion for attorney's fees is denied, without prejudice, to be re-filed on the reply date. Diederich's motion for restored ECF status is granted
The Clerk of the Court is kindly directed to terminate the motions at ECF No. 90, 91, and 92, and to restore Diederich as an attorney to be noticed in this action on ECF.
SO ORDERED.
NOTICE OF MOTION TO ENFORCE ATTORNEY'S CHARGING LIEN
PLEASE TAKE NOTICE that the, upon the accompanying Declaration of Michael Diederich, Jr., his Memorandum of Law, and the accompanying exhibits, Attorney Michael Diederich, Jr. will move this Court at the U.S. Courthouse, 40 Foley Square, New York, New York, before the Hon. Nelson S. Roman, USDJ, on the 13th day of August, 2021, at 10:00 o'clock in the forenoon or as soon thereafter as this matter can be heard, for an order:
a) Honoring and enforcing Attorney Diederich's “charging lien” in the sum of $28, 925.00, and directing that the Defendants pay directly to Attorney Diederich said amount (or such amount as the Court may direct) out of proceeds otherwise due Plaintiff Marri Furk as a result of the settlement of this action;
b) Restoring Attorney Diederich as an attorney to be “noticed” on ECF as to filings herein,
c) together with such other and further relief as this Court may deem just and equitable.