City of New York v. Arm Or Ally, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn eK THE CITY OF NEW YORK, : Plaintiff, : 22-CV-5525 (JMF) -v- : ORDER ARM OR ALLY, LLC, et al., : Defendants. :

wn eK JESSE M. FURMAN, United States District Judge: On December 8, 2022, counsel for Indie Guns, LLC, Christian W. Waugh, filed a motion to withdraw as Defendant’s counsel. See ECF No. 81. By December 13, 2022, defense counsel shall serve (1) the supporting documents to the motion (assuming he has not done so already); and (2) a copy of this Order on his client, and by December 16, 2022, file proof of such service on the docket. See S.D.N.Y. Local Rule 1.4. Any opposition to the motion to withdraw — by Indie Guns, LLC or another party — shall be filed by December 16, 2022; any reply shall be filed by December 21, 2022. Unless and until the Court grants the motion, Christian W. Waugh remains counsel of record for Indie Guns, LLC, and discovery shall proceed as scheduled. If Indie Guns, LLC has secured 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. Indie Guns, LLC 1s cautioned that a corporate entity may appear in federal court only through counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Thus, if the Court grants Mr. Waugh’s motion to withdraw as counsel and new counsel fails to appear on behalf of Indie Guns, LLC, default judgment may be entered against it. See, e.g., Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006). SO ORDERED. Dated: December 9, 2022 New York, New York ESSE RMAN nited States District Judge