Opinion
22-cv-20355-KING/DAMIAN
03-22-2022
JANET COWLEY SANCHEZ, Plaintiff, v. RESI SFR SUB, LLC, Defendant.
James Lawrence King, U.S. District Judge
ORDER DENYING MOTIONS TO WITHDRAW WITHOUT PREJUDICE
MELISSA DAMIAN, UNITED STATES MAGISTRATE JUDGE
THIS CAUSE is before the Court on the Wolfson Law Firm, LLP's Motions to Withdraw as Attorneys for Plaintiff [ECF Nos. 3 and 7] (the “Motions to Withdraw”) and pursuant to an Order of Referral to Magistrate Judge entered by the Honorable James Lawrence King, United States District Judge. See ECF No. 6.
The Court has reviewed the Motions to Withdraw and the pertinent portions of the record and is otherwise fully advised in the premises.
This action was removed from State Court by Defendant on February 2, 2022. See ECF No. 1. On March 14, 2022, Plaintiff's counsel of record, the Wolfson Law Firm, filed a Motion to Withdraw asserting “the attorney client relationship is no longer possible.” See ECF No. 3. The Clerk entered a Notice to Filer regarding a login/signature block violation of Section 3J(1) of the CM/ECF Administrative Procedures and Local Rule 5.1(b) and directing the attorney to file a notice of striking the original motion, then refile the document. See ECF No. 5. On March 15, 2022, the District Judge referred the Motion to Withdraw [ECF No. 3] to the undersigned. See ECF No. 6. Thereafter, Plaintiff's counsel refiled the Motion to Withdraw with the correct name of the attorney filing the document on the signature block. See ECF No. 7.
In the Motions to Withdraw, counsel failed to comply with Southern District of Florida Local Rule 11.1(d)(3)(A), which requires the attorney seeking to withdraw his or her appearance to serve such notice on the attorney's client and opposing counsel, and to include in the motion to withdraw the current mailing address for the attorney's client or the client's new or remaining counsel. Further, counsel failed to comply with Local Rule 7.1(a)(3), which requires counsel for the movant to certify that counsel has conferred with all parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the motion (including the date, time, and manner of each effort). Therefore, it is unclear whether the Plaintiff is aware of or objects to counsel's Motions, or for that matter, what Defendant's position is on the Motions. Accordingly, it is hereby
There is an additional attorney, Frances Arlene Scaglia of Fowler White Burnett, appearing as counsel of record for Plaintiff. However, based on the undersigned's research, it appears this attorney moved to a different law firm but has not sought to withdraw from this case.
ORDERED and ADJUDGED that the Motions to Withdraw [ECF Nos. 3 and 7] are DENIED WITHOUT PREJUDICE to refile in accordance with this Court's Local Rules.
DONE and ORDERED.