Opinion
20 CV 4200 (VB)
07-26-2022
MAURA ROBLES and IDA Z. BRAVO, Plaintiffs, v. THE ESTATE OF SOTIRIOS KOLLIAS, by its Executors, DEMETRA DOUMAS, MARIA KOLLIA a.k.a. MARIA KOLLIAS, and TASIA MELLAS; DEMETRA DOUMAS; MARIA KOLLIAS a.k.a. MARIA KOLLIA; DANIELLE KOLLIAS; and THE ARGONAUT RESTAURANT AND DINER, INC., Defendants.
ORDER
Vincent L. Briccetti United States District Judge
On July 25, 2022, counsel for defendants Demetra Doumas, Maria Kollias, The Argonaut Restaurant and Diner, Inc., Tasia Mellas, and The Estate of Sotirios Kollias (“Relevant Defendants”) moved to withdraw as counsel and to stay this action for thirty days in order for the Relevant Defendants to secure new counsel. (Doc. #133).
Local Civil Rule 1.4 provides that “[a]ll applications to withdraw must be served upon the client.” Counsel's affidavit in support of its motion does not indicate whether the Relevant Defendants have been served with the motion. Nor does it state whether the Relevant Defendants consent to the motion to withdraw.
Accordingly, by August 2, 2022, counsel for the Relevant Defendants shall file a supplemental letter stating whether the Relevant Defendants consent to withdrawal, and whether the Relevant Defendants have been served with the motion, supporting affidavit, and supplemental letter. In the event the Relevant Defendants do not consent, the Relevant Defendants shall have until August 16, 2022, to submit a letter to the Court explaining the basis for their unwillingness to consent.
Counsel for the Relevant Defendants shall serve a copy of this Order on its clients by July 29, 2022.
Defendant The Argonaut Restaurant and Diner, Inc., is reminded that corporations may not appear in federal court without counsel. See Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d Cir. 2007) (per curiam). Furthermore, a non-attorney cannot act on behalf of a company. See Id. As a result, if the Court grants counsel's motion to withdraw, defendant The Argonaut Restaurant and Diner, Inc., must engage legal representation, or the Court may permit plaintiffs to seek default judgment against defendant.
The Court will address the request to stay when it decides the motion to withdraw.
SO ORDERED.